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1. The plaintiff's claim of this case against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. [This case’s reinforced concrete construction work’s labor part] D Co., Ltd. (hereinafter “D”) was awarded a contract for the construction of F Complex Building Works (hereinafter “the construction work in this case”) located in Seongbuk-gu, Sungnam-si, by G Co., Ltd. (hereinafter “G”) re-subcontracted the instant construction work of reinforced concrete (hereinafter “the instant reinforced concrete construction work”) from among the construction work in this case, and H (hereinafter “H”) was re-subcontracted from G.
H around August 2013, Defendant C re-subcontracted the subcontracted amount of KRW 2,850,000,000 for the instant reinforced concrete construction work (the instant wage portion) from August 2013 to August 2014.
Defendant C agreed to receive the seal from the Plaintiff engaging in the human resources placement business for the implementation of the instant wage portion. With respect to the payment of the wage, the wage paid in the original office according to the characteristics of the construction site is paid on a monthly basis, and the human father agreed to pay the daily wage to the Plaintiff and settle the payment from Defendant C on the last day of each month.
Defendant B, among the instant wage portion, opened a passbook with the representative of workers on September 10, 2013, as well as I, the head of the steel-frame ( concrete, non-form), and remitted money to workers and enterprises through B passbooks. H and Defendant C entered into a contract to change the contract amount from January 21, 2014 to KRW 3,510,000,000, at KRW 2,850,000.
B. [Until D’s default on payment for construction discontinuance] Defendant C was supplied with the Plaintiff’s seal and carried out the instant reinforced concrete construction by inserting it into the instant wage, and paid wages to the Plaintiff upon receiving re-subcontract payments from H. The construction work was suspended on April 3, 2014.
Defendant C’s above construction work.