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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) entered into a construction contract with Jung-Eup/Myeon on December 6, 2016, and C to undertake the “D”-based foundation construction work.
B. The Plaintiff agreed with C and C to accept the instant construction work of reinforced concrete (hereinafter “instant construction work”).
C. The Plaintiff made an oral contract with the Defendant to engage in the same business as to the sewage supply of the instant construction project (hereinafter “instant agreement”), and concluded an employment contract with the Plaintiff to provide labor to the instant construction project from March 2017 to June 2018 and to be paid KRW 4 million every month from the Defendant (hereinafter “instant employment contract”).
The Defendant entered into a subcontract with C and C to supply sewage of the instant construction work.
[Reasons for Recognition] Facts without dispute, Gap 6, 11, 12 evidence, witness E's testimony, the purport of the whole pleadings
2. Assertion and determination
A. From March 2017 to June 2018, the Plaintiff entered into a labor contract with the Defendant to provide labor to the instant construction and to receive benefits of KRW 4 million every month from the Defendant.
The Plaintiff received 24 million won in total from the Defendant during the six-month period from March 2017 to August 2017, but did not receive subsequent benefits.
Therefore, the Plaintiff is obligated to pay the Defendant the sum of the ten-month benefits from September 2017 to June 2018, 40 million won and delay damages.
B. (1) Fact-finding 1) The following facts may be found either as a dispute between the parties or as a whole to the statements or images as evidence A1, 4, 8, 9, 13, and 14, together with the purport of the entire pleadings:
① From March 2017 to June 2018, the Defendant reported the Plaintiff to the National Health Insurance Corporation as an employee of the Defendant, and borne the Plaintiff’s health insurance premiums and long-term care insurance premiums by the business owner.
② From March 2017 to June 2018, the Defendant is the Defendant to the F Association.