1. The plaintiff's claim is dismissed.

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

The Plaintiff, as a person operating a human resources office in the name of “C”, supplied human resources to the construction site D, E, etc., and paid the Defendant labor cost of KRW 38,798,00,00 to the construction workers in cash immediately. The Defendant did not pay the above pre-paid labor cost even after receiving the construction cost from the construction owner and the construction contractor. The Defendant asserts that the Defendant is liable to pay the above pre-paid labor cost and the damages for delay to the Plaintiff.

However, it is difficult to view that the Defendant received and used the pre-paid labor cost, beyond the Defendant’s assertion that the pre-paid labor cost was only transferred to the credit cooperative account (Account Number:F) in the name of the Defendant pursuant to the evidence No. 1-2 and that the pre-paid labor cost was only confirmed, and that the counter-party who directly traded with the Plaintiff is not the Defendant G, such as recognizing that the counter-party was not the Defendant but G, working at the call center, and allowed him to use his account at the time.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.