신용카드이용대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The parties' assertion
A. On January 4, 2017, the Plaintiff was employed as the Defendant’s employee and retired from office on or around February 4, 2017. From January 20, 2017 to January 25, 2017, the Plaintiff paid 3,905,000 won as waste disposal expenses, etc. for the Defendant from January 20, 2017 to January 25, 2017, and the Plaintiff paid 50,000 won as well as 291,668 won as a night allowance for January 2017. As such, the Defendant is obligated to pay the Plaintiff totaling 4,69,668 won (= KRW 3,905,000,000).
B. The defendant did not employ the plaintiff.
The defendant ordered C and D to subcontract reinforced concrete (framed) construction, and the defendant again subcontracted the mold construction to E, and the defendant paid the construction cost and provided labor to C and E's employees according to their instructions.
Since the defendant paid the full amount of the construction price to C and D, the plaintiff can claim the above amount to C and E, and the defendant has no obligation to pay it.
2. Reviewing whether the Plaintiff is entitled to claim the same expenses and allowances as the cause of the claim against the Defendant, the Plaintiff used the name of the Plaintiff stating that the Plaintiff is the director of the Defendant’s office in charge of official duties. On April 5, 2017, the Plaintiff directly received KRW 1 million from the Defendant, and the Defendant reported the employment insurance for the Plaintiff on February 2017.
However, at the request of C or E, the Defendant appears to have paid the Plaintiff a direct wage, and the Defendant received a promise not to claim wages from the Plaintiff, and reported the confirmation of the content of daily work corresponding to February 2017 to the Plaintiff to the Korea Workers' Compensation and Welfare Service (see, e.g., Evidence A19 and 28), and the Plaintiff received a business instruction from C, and requested C to pay the claim amount of the instant case. < Amended by Presidential Decree No. 27270, Mar. 2016>