부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the assertion
A. The Plaintiff offered that the Plaintiff would work as a worker at the site of an expressway construction and provided a password with a C Bank passbook (Account Number D; hereinafter “First PP”) under the Plaintiff’s name and notified the password. However, the Defendant deposited KRW 42,14,92 million out of KRW 83,190,590 of the Plaintiff’s wage deposited by the construction company in the first passbook, and paid the remainder to another C Bank passbook (hereinafter “Second PP”) under the Plaintiff’s name. As such, the Defendant did not pay the remainder to the Plaintiff 41,045,670 won as unjust enrichment (=83,190,590 - 42,14,920 won).
B. From the wage deposited in Defendant 1 passbook, part of the remaining amount was deducted under the name of inn, food expenses, transportation expenses, various management expenses and expenses and the balance was agreed upon with the Plaintiff as the payment cycle, and there was no unjust enrichment equivalent to the difference between the money deposited in the first passbook and the money deposited in the second passbook.
2. Determination
A. The following facts are acknowledged by comprehensively taking account of the facts described in Gap evidence Nos. 1 through 4 (including numbers for those with different numbers), the F Co., Ltd., G Co., Ltd., and H Co., Ltd., and the purport of the entire pleadings as a result of the fact-finding conducted with respect to H Co., Ltd.:
1) From September 2012 to November 2016, the Plaintiff concluded a labor contract with construction companies, including H Co., Ltd., and provided labor for daily workers at various expressway construction sites. The Plaintiff’s wage stated in the labor contract was either KRW 150,000 per day to KRW 170,000 per day. 2) Construction companies deposited wages with the Plaintiff’s first passbook in the name of the Plaintiff. From April 11, 2013 to January 16, 2017, the amount deposited in the first passbook was KRW 83,190,590 in return for work.
3. The defendant shall receive a single bankbook from the plaintiff.