1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 20, 2015, the Defendant entered into a contract with D Co., Ltd. (hereinafter “D”) on May 20, 2015 for the construction of the instant golf practice range located in Kimhae-si (hereinafter “instant golf practice range”), under which the contract amount of civil engineering works during the said construction works shall be KRW 350 million (excluding value-added tax), the contract period from May 20, 2015 to August 30, 2016, and the contract period from May 20, 2015 to August 30, 2016 (hereinafter “E”), and on December 7, 2015, the contract period of the building construction works during the said construction works shall be KRW 3.3 billion (excluding value-added tax) and the construction period from December 2015 to May 2016.

B. On April 19, 2018, F of D’s de facto representative was sentenced to imprisonment for 4 months with prison labor for a violation of the Labor Standards Act, such as a violation of the Labor Standards Act, which states that the Plaintiff, who had worked as the head of the relevant site office from May 2016 to February 2017 at the said new construction site, did not pay the total of KRW 29,748,150, including wages of KRW 25,350,000, retirement allowances of KRW 4,398,150, and two-year suspension of execution.

(2018 Mada267) 201. [Reasons for Recognition] A; entries in Gap evidence 2, 3, 6, and 7; the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion did not receive wages of KRW 33,098,150 in total, including KRW 29,748,150, and KRW 3,350,000 from E, while working as the site director at the construction site of the instant golf range.

The Defendant demanded the payment of the construction cost by the Plaintiff, and proposed a special agreement with the purchaser of the instant golf driving range to resume the defective construction of the demonstration at the construction site, and promised to make a direct payment, and thereafter completed the instant golf driving range and sold it to G.

The defendant is obligated to pay debt D and E directly to the plaintiff according to the above direct payment commitment.

B. There is no direct evidence to prove that the defendant, who made a judgment, did not pay debt to the plaintiff D and E.

The plaintiff is the defendant in this case.