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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion and judgment
A. The Plaintiff’s primary claim 1) The Plaintiff is the Dong-gu Seoul Special Metropolitan City New Construction Corporation (hereinafter “instant construction”).
(2) The Defendants are obliged to pay the amount equivalent to each of the above labor costs paid by the Defendants to Defendant A, who did not work at the construction site of this case, to the Plaintiff as unjust enrichment. Therefore, the Defendants are obligated to return to the Plaintiff each of the labor costs that they received without any legal cause. (2) The Defendants of the conjunctive claim, even though they knew that D would have attempted to deceive the Plaintiff and make embezzlement, shall deliver to D a copy of their identification cards, copies of passbooks, and family relation certificates, and receive labor costs from the Defendants’ account in the name of the Defendants. The Defendants conspired with D or aided and abetted D to commit the above joint tort. Thus, the Defendants are obligated to pay the amount equivalent to the above labor costs paid by the Defendants to the Plaintiff as compensation for damages.
B. According to the overall purport of the statements and arguments in Gap evidence Nos. 1 through 4, Gap evidence Nos. 8, Eul evidence Nos. 1 and 2 as to the primary claim for judgment No. 1, the plaintiff performed the construction of this case from April 2014 to November 12, 2014. Eul worked as the head of the Working Group for Fire-Fighting Equipment Construction Work during the construction of this case. Eul prepared and submitted the "Labor Expense Payment Statement" in September 2014, stating defendant A and Eul who had not worked at the construction of this case, and Eul submitted to the plaintiff upon request by Dong, Eul delivered his identification card, family relation certificate, defendant Eul's account number to Eul, and the defendant Eul's account number to the plaintiff.