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Defendant B’s 504,406,60 Won and its related 5% per annum from December 18, 2018 to May 18, 2020 and May 20, 2020.
Reasons
Judgment on the claim against Defendant B
A. The Plaintiff’s assertion 1) The Plaintiff, a company conducting the business of dispatching workers, etc., supplied daily workers to the construction site by recruiting them, and paid wages to workers by the company in charge of construction, etc. on behalf of them (hereinafter referred to as “amount of wages paid on behalf of the workers first”) after the company in charge of construction, etc. paid the wages to workers on behalf of them (hereinafter referred to as “amount of wages paid on behalf of the workers”), and operated the business by receiving a refund
2) Defendant B, a human resources supplier, supplied workers at the construction site in F, and received and delivered a work certificate to the Plaintiff to the effect that he/she had worked for the Plaintiff. Defendant B received a substitute payment from the Plaintiff from the Plaintiff to the account designated by Defendant B and paid the substitute payment to the construction site employees, etc.
3) In the course of performing the above duties, Defendant B: (a) had no supplying employee at the construction site under the Plaintiff’s name; (b) had to prepare a false work confirmation document as if the Plaintiff had to execute the payment for workers; and (c) had the Plaintiff use the payment for personal purposes; and (d) had the Plaintiff paid the payment for the amount of money equivalent to KRW 1,070,000 to seven workers at the construction site of G/H/I; (b) had the Plaintiff induced the Plaintiff by submitting a false work confirmation document as if the Plaintiff had to pay the payment for the amount of money to the Plaintiff; (c) had the Plaintiff receive KRW 1,070,000 from October 1, 2018 to December 17, 2018 to receive KRW 390 from Defendant C’s Saemaul Bank account; and (d) obtained the Plaintiff by deceiving the Plaintiff by means of the above method as seen in attached Table 1 through 9, 390, 304, 504, 500.