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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of the lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. On October 11, 2016, the basic facts C Housing Association awarded a contract to the Defendant Company for the D Ilcheon-gun, Jincheon-gun (hereinafter “instant construction”) and the Defendant Company awarded a subcontract to F Co., Ltd. (hereinafter “F”) for the instant construction work on July 31, 2017.
Around that time, the C Housing Association (project owner), the Defendant Company (contractor), and the F (subcontractor) drafted a “Agreement on Direct Payment of Subcontract Price (Direct Payment)” (Evidence No. 13-1, 2) with the purport that the C Housing Association (project owner) may directly pay the subcontract price to F (subcontractor).
Accordingly, around December 8, 2017, the Defendant Company filed a claim for payment for completed portion with C Housing Association (No. 4, 927,000,000 won), and requested that the payment of KRW 438,040,060 out of the construction cost be made directly to the subcontractor F with the payment for the subcontract price. Accordingly, the G Company entrusted with the fund management of the said regional housing association at the F’s request on January 8, 2018, deposited the said subsidies with H’s account with H’s wife.
On the other hand, the Plaintiff A and the designated parties (hereinafter “Plaintiff, etc.”) entrusted the mold construction among the above structural works, and provided labor at the construction site of this case. The above mold construction was conducted from September 9, 2017 to January 6, 2018.
However, as the Defendant Company terminated the instant construction, it was suspended from the pelvis on January 2018, and H was directly paid KRW 391.03,292 as subsidies for construction cost payment from the said regional housing association (GG Co., Ltd.) on February 27, 2018.
However, there was no money paid to Plaintiff A, who is the head of the model team, among the above subsidies. Accordingly, the designated parties did not receive wages after December 2017, and on March 6, 2018, the designated parties, including the J (13) submitted a petition for delayed payment of wages to the Seoul Southern District Office of the Seoul Regional Employment and Labor Agency.
[Reasons for Recognition] The facts without dispute, Nos. 15, 18, 19, 19.