2. The costs of lawsuit shall be borne by the Plaintiff.

A. From among the new construction works of the Plaintiff and C hotel, the Plaintiff did not pay KRW 32,750,000 out of the price of the construction work, even though the Plaintiff and C hotel had awarded a contract by setting the amount of KRW 180,000 per man per day, and KRW 180,000 per day per extended rent.

B. The parties who concluded the labor contract with the Plaintiff are not the Defendant, but the Defendant constituted a consortium with the Defendant, and the instant construction work was conducted.

Even if the Defendant is liable for the direct payment of the construction cost to the Plaintiff, the Plaintiff claims against the Plaintiff for the partial payment of the construction cost, so the Defendant does not remain to pay the construction cost to the Plaintiff.

2. Determination

A. We examine whether a labor contract was entered into between the Plaintiff and the Defendant.

According to the evidence Nos. 3 and 5, the defendant's representative E directly remitted the work price to the plaintiff's account, and D is recognized as having used the defendant's vice president in managing the work site. In light of these facts, the plaintiff is recognized as having concluded a labor contract with the defendant through D.

B. Next, as to whether the Plaintiff did not receive the construction cost of KRW 32,750,00 from the Defendant, it is not sufficient to recognize the Plaintiff’s only by the descriptions of the evidence Nos. 1, 2, and 6 or by some testimonys Nos. 1, 2, and 6, and there is no other evidence to acknowledge it.

1) The Plaintiff’s statement of construction cost, which can be deemed as a direct documentary evidence for the Plaintiff’s assertion (Evidence A No. 1), cannot be verified due to the lack of G’s confirmation that it was prepared, and the remaining construction cost is not determined at any time until the time, and there are no evidentiary materials that form the basis thereof.

Witness

Even if F's testimony is based on F, because F did not participate in the receipt and disbursement of funds, it is impossible to know the details of the Defendant's payment.