1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From July 14, 2016 to December 15, 2017, the Plaintiff received labor costs calculated by 160,000 won per day while working as the head of the team at the Defendant’s communications and electrical construction site within the jurisdiction of Gyeonggi-do and the electrical construction site.

The total number of working days of the plaintiff is 368.5.

B. The Defendant, while using a refacing season for work, spent expenses of KRW 450,00 per day to the lessee. From September 2016, the Defendant issued a tax invoice under the name of C and D (E) by the Plaintiff, instead of using the Plaintiff’s site work by leasing the refacing season, and paid KRW 20,787,80 per day to the Plaintiff by January 31, 2017, in addition to the daily amount indicated in the foregoing paragraph (a).

C. On February 13, 2017, the Plaintiff purchased a F d. F 46.2 million won in the name of the Defendant, instead of paying the said installment, paid to the Plaintiff the amount calculated by deducting the said installment and article expenses from the said installment and article expenses. A tax invoice was issued in the name of G operated by the Plaintiff’s wife and the amount of KRW 3.4,60,500 per month was paid by December 29, 2017.

On May 23, 2018, the Plaintiff filed a petition with the Minister of Employment and Labor for the failure to receive retirement allowances, retirement advance notice allowances, and weekly holiday allowances, and notified the Defendant to pay KRW 50,679,607 to the Defendant on May 25, 2018.

E. On August 20, 2018, the Plaintiff agreed with the Defendant to receive payment of KRW 10,342,70 (retirement allowance of KRW 5,222,700, and other money and valuables of KRW 5,120,000). On the same day, the Plaintiff voluntarily withdrawn the Defendant’s appeal.

The plaintiff and the defendant are excluded from the royalty for the use of equipment described in paragraph (d) within the agreed scope.

[Reasons for Recognition: Evidence A Nos. 1 and 8 (Partial omitted, hereinafter the same shall apply)

. Each entry in evidence Nos. 1, 2, and 5, witness H, and I’s testimony, pleading.