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. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the Defendant was the husband of Nonparty D (the former name before the opening of the name: C; hereinafter “D”), who was the Plaintiff’s deceptive act. From around 2003 to the end of January 2015, the Defendant performed the work related to the reinforcinging at the construction site along with the Plaintiff.

The Defendant received wages from the construction site as the head of the steel bars and gave them to the Plaintiff.

However, D arbitrarily opened a national bank account in the name of the Plaintiff following the Plaintiff’s death. From May 2010 to June 2015, 2015, D paid only part of the Plaintiff’s labor cost to the Plaintiff from May 201, and transferred the remainder to the Defendant.

Therefore, the Plaintiff claims against the Defendant for the return of 67,954,208 won and damages for delay.

B. According to the Plaintiff’s personnel expenses amount remitted to the Defendant, as indicated in the evidence Nos. 1, 4, 5, and 7, the fact that the Plaintiff deposited KRW 67,57,562 in the national bank account in the name of the Plaintiff, as indicated in the attached Table No. 1, as the Plaintiff’s personnel expenses amount, from September 15, 2012 to December 30, 2014, the Plaintiff deposited KRW 67,57,562 in total as the Plaintiff’s personnel expenses (the term “stock company” as indicated in the attached Table No. 1 is omitted for convenience purposes.

hereinafter the same shall apply.

Of the above KRW 67,577,562, “amount withdrawn” is recognized as having been remitted or withdrawn to an account under the name of the defendant or D as indicated in the “Attachment 1” column, and the following circumstances revealed in full view of the facts acknowledged earlier, as well as the overall purport of the entries and arguments as stated in the Plaintiff’s income certificate, namely, the sum of the income amount in 2013 as indicated in the Plaintiff’s income certificate and the personnel expenses in 2013 as deposited in the Plaintiff’s national bank account; ② the Plaintiff’s personnel expenses and the payment day of the Plaintiff’s daily labor expenses stated in the Plaintiff’s statement of payment in E coincide with the details deposited in the Plaintiff’s national bank account; ③ otherwise, the Plaintiff is aware of the following circumstances.