부당이득금반환
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Summary of the plaintiff's assertion
A. The primary assertion was made by the 58-2 Enterprise Bank Construction Corporation in Dong-gu, Gwangju-gu (hereinafter “the construction of this case”). D, C, a corporation of this case, made and submitted a false statement of labor cost payment to the Plaintiff, and the Plaintiff paid KRW 2,372,520 to Defendant A, who did not work at the site of the construction of this case, and KRW 2,720,120 to Defendant B.
Therefore, the Defendants are obligated to return each labor cost received without any legal ground to the Plaintiff as unjust enrichment.
B. The Defendants, despite being aware of the fact that D had attempted to embezzled labor costs by deceiving the Plaintiff, were to be paid with labor costs, he/she issued a copy of his/her identification card and a copy of passbook to D, and received labor costs from the Defendants’ account in the name of the Defendants. Since the Defendants conspired with D or aided and aided and abetted D at least, they are obliged to pay the amount equivalent to each of the above labor costs received by the Defendants to the Plaintiff as compensation for damages
2. Determination
A. According to the reasoning of the judgment as to the primary claim, Gap evidence Nos. 1 through 4, Gap evidence Nos. 7, and each of the statements and arguments, the plaintiff performed the construction of this case from April 2014 to November 12, 2014. D used the construction of this case as C during the construction of this case, and Eul prepared and submitted to the plaintiff the "labor expense statement" as the labor worker Eul and Eul who did not have worked at the construction of this case. Upon request of Eul, the defendants delivered their identification cards and their respective account numbers to Eul. The plaintiff deposited KRW 2,372,520 on October 10, 2014 with the defendant's account No. 2,720,520 on deposit account, and the defendant Gap deposited KRW No. 2,720,120 on October 11, 2014 with the defendant's account No. 200,200,000 won to the above defendant No. 2714,207,20.
According to the above facts of recognition, D.