손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts that the defendant's labor cost, which the plaintiff's employee worked as the head of the D Section Bridge construction site leader, was falsely claimed for the defendant's labor cost that he did not work as a daily worker at the above site, and that the defendant received a total of KRW 24,413,00 from November 208 to March 2010, and acquired it through payment from the plaintiff. The defendant, although he was well aware of the above illegal act, notified C of his resident registration number and his own and his punishment E's account to C, and then remitted the money deposited by the plaintiff to C, to C, thereby preventing joint illegal act with C or aiding and abetting C's illegal act, the defendant is jointly and severally liable to pay damages to C and the plaintiff for delay.
However, the fact that the defendant informed C of his financial account, etc. and again remitted the money deposited by the plaintiff to C’s financial account does not conflict between the parties, but the above fact of recognition alone is insufficient to deem that the defendant conspired with C to commit or aided labor costs by the plaintiff, and there is no other evidence to acknowledge it.
Rather, according to the evidence evidence Nos. 1, 2, and 1, F, the representative director of the Plaintiff, filed a criminal complaint against the Defendant on the same ground as the cause of the instant claim, but it is only recognized that the prosecutor issued a disposition of non-prosecution on June 29, 2015, which was not guilty due to insufficient evidence against the Defendant.
Ultimately, it is difficult to accept the Plaintiff’s assertion, and thus, the Plaintiff’s claim of this case is dismissed.