1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination on the cause of the claim

가. 인정사실 1) 원고는 ‘C’라는 상호로 샷시 및 유리 제조업을 영위하는 자이고, 피고는 2017. 5. 17.부터 2017. 6. 17.까지 원고에게 고용되었던 자이다. 2) 원고는 피고의 소개로 ‘D’의 운영자와 사이에 위 매장 내 샷시 설치를 8,750,000원에 해주기로 하는 공사계약을 체결하였다.

3) Even though the Defendant was paid KRW 5,000,000 from D operators as the above contract price, the Defendant did not inform the Plaintiff. [In the absence of any dispute over the grounds for recognition, each of the evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.]

B. According to the above facts of determination, the Defendant is obligated to pay 2,340,000 won remaining after deducting the accrued wages of 2,660,000 won which the Plaintiff was entitled to deduction from unjust gains, barring special circumstances, to the Plaintiff (i.e., 5,000,000 won - 2,660,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 20, 2018 to the date of full payment, which is the day following the delivery of the duplicate of the instant complaint.

2. As to the Defendant’s assertion, the Defendant asserts that there is no money to be paid to the Plaintiff when settling the claim claim of this case, since the Defendant’s claim of this case is 3,290,000 won, including “in the construction site incentives related to the owner of construction,” and “in the construction site, the Defendant’s vehicle and the construction site user fee of 1.89,00 won.”

The evidence submitted by the defendant alone is insufficient to recognize that the defendant has the above claim against the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the defendant's argument is without merit.

3. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.