The defendant.

A. The Plaintiff is a person who actually runs a stock company C (hereinafter “C”), and the Defendant is a person who operates a human resources company with the trade name “P”.

B. C was awarded a contract from Q Q to receive necessary workers from the Defendant while executing construction work, and the Defendant was employed as the site manager of the said construction work.

C. Workers, including the Defendant, etc., entered into a contract with C from March 2, 2016 to May 31, 2016.

On July 5, 2016, the Plaintiff remitted a total of KRW 20 million to the Defendant’s deposit account (i.e., KRW 10 million). On January 26, 2018, the Plaintiff sent to the Defendant a letter of peremptory notice that “A repayment of KRW 20 million to the Defendant by January 31, 2018,” and the above letter of peremptory notice reached the Defendant around that time.

[Ground of recognition] Evidence No. 1, Evidence No. 12 to 14, Evidence No. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) On July 5, 2016, the Plaintiff: (a) transferred KRW 20 million from the Plaintiff’s personal account to the Defendant’s personal account to the maximum possible repayment; and (b) the Plaintiff is obligated to pay the Plaintiff the above loan amounting to KRW 20 million; and (c) even if the Plaintiff is deemed to have paid KRW 20 million to the Defendant for the payment of wages, the relevant employee already received wages from D or received wages through the wage claim lawsuit against C, etc.; and (d) the Defendant is obligated to pay the Plaintiff unjust enrichment amounting to KRW 20 million and delay damages therefrom.

B. As the Defendant’s assertion C delayed payment of wages to workers on May 2016, the Defendant paid wages to the relevant workers with the personal money first between June 15, 2016 and June 21, 2016, and thereafter.