부당이득금
1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. (1) The Plaintiff, as a construction company, was constructing two buildings (E and FD buildings; hereinafter the same shall apply) on the ground of the 12th floor above the ground (E and FD buildings) around 2015, and ordered the construction to Nonparty G Co., Ltd.
(2) The Defendant received a subcontract for the construction of a mold from G in the form of a labor contract, among the above structural works, from G, and recruited and raised another type of timber mold, and performed the construction of a mold by directing and supervising it at the site.
(A) The defendant himself/herself has recruited, recruited, recruited, or recruited the molds, and some of them have been recruited, recruited, recruited, recruited through the following "the team leader". The defendant sought a lodging near the construction site to live there, and managed them outside the construction site by providing simple meals, hospital expenses, etc. A Japanese term "the person in the same position as the defendant is a general conductor or supervisor" at the construction site. As to this, G paid a maximum of 1.8 million won per person per day to the defendant as wages of the molds raised and raised by the defendant (the defendant's wage was paid KRW 20,000 per day to the defendant). At that time, the daily wage of the molds was KRW 130,000 or KRW 180,000,000,000,000,000,000 won, and the defendant raised the difference between the contents of the construction site and the profits he/she had received from the above G and the profits he/she had the nature of the contract.
Even if it is viewed as a subcontract agreement as the defendant's assertion, the defendant is merely the labor of his own and his subordinate members.