1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 14, 2016, the Defendant entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) by setting the construction cost of 953,00,000 won for the portion of reinforced concrete construction among the D New Construction Works in Asan City and the construction period from June 22, 2016 to December 30, 2016.

B. After that, C had undertaken reinforced concrete construction work at the construction site of this case.

[Ground of recognition] Facts without dispute, Gap 1 to 9 evidence, Eul 1 to 12 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the general affairs of C, and E, F, G, H, I, J, K, L (M), and N (hereinafter “E, etc.”) are the daily workers of C, who are the Defendant’s subcontractors, and C was off the construction site of Seodaemun-gu, Western-gu and the construction site of this case.

원고는 노임 4,507,790원과 C을 대신하여 지출한 경비 7,350,440원 등 합계 11,858,190원(≒4,507,790원 7,350,440원)을, E은 노임 587,190원을, F은 노임 200,000원을, G은 노임 617,600원을, H은 노임 10,059,390원을, I은 노임 176,460원을, J는 노임 3,617,320원을, K는 노임 176,460원을, L(불법체류자로서 M의 명의를 차용함)은 1,900,000원을, N는 노임 700,000원을 각 C로부터 지급받지 못하였다.

On October 19, 2016, P of the Defendant’s representative director collected approximately 71 workers during the course of inquiry, and promised to pay the labor cost of the Plaintiff and E, etc. on the last day of October, 2016, stating that “I believe that I would like to believe my money. I would like to incur my money, trust our Company B, and in the future, I would like to pay the labor cost of the Plaintiff and E.

If the Plaintiff first pays the labor cost for E, etc. between C and C, the Plaintiff agreed to pay it to the Plaintiff on the date of payment of the labor cost. Accordingly, the Plaintiff is E.