1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The plaintiff is a company that provides human resources, arranges employment, and provides job placement services, and the defendant is a company that carries on construction business.

B. On December 12, 2013, the Defendant entered into a contract for the construction of the “two sections” among the three sections of the “A Multi-Family Housing Project” (hereinafter “instant construction”) with a third party (hereinafter “third party”).

The Defendant awarded a subcontract to B (hereinafter “B”) for the part of the above construction work, such as molds, steel bars, straws, and straws, and B subcontracted the mold construction work to C.

C. The Defendant paid the construction price to B (D) at the beginning of the construction work, but there was a doubt about B’s financial capacity, and paid the construction price directly to C around October 2014.

[Ground of recognition] Unsatisfy facts, Eul evidence 1, Eul evidence 2, witness C's partial testimony, whole purport of oral argument

2. Assertion and determination

A. Upon the Defendant’s request, the Plaintiff supplied the workers at the construction site of this case with the Defendant’s consent, and paid the workers with labor cost on October 2014 instead of the Defendant and exempted the Defendant from the Defendant from the Defendant’s obligation to pay labor cost. As such, the Defendant asserts that the Defendant is obliged to pay the Plaintiff the Plaintiff the labor cost of October 2014, 38,176,400, and damages for delay.

However, there is no evidence to acknowledge that the Defendant requested the Plaintiff to supply workers and consented to the payment of labor cost on behalf of the Defendant. Therefore, the Plaintiff’s assertion seeking payment of labor cost of KRW 38,176,400 to the Defendant on the same premise is without merit.

B. The Plaintiff supplied the workers to C, who are the head of the mold labor team at the instant construction site, instead of paying to the workers the amount calculated by deducting 13% of the labor cost to be paid by the said workers from the Defendant, the full amount of the labor cost to be paid by the Defendant.