1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly share KRW 23,961,370, as well as the foregoing.

1. Basic facts

A. While the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) was running the construction of the Complex Building Complex (hereinafter “instant construction”). From January 2017, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) was in charge of the management of workers at the instant construction site and the claim for benefits.

Defendant C is the spouse of Defendant B, and Defendant D is the children of Defendant B.

B. From January 1, 2017 to July 31, 2017, Defendant B prepared a statement of the daily labor cost payment for workers who worked at the instant construction site and sent it to the Plaintiff. The Plaintiff trusted the above daily labor cost payment statement prepared by Defendant B, and paid all wages to the relevant worker as stated in the statement of payment.

C. Meanwhile, Defendant C and Defendant D did not work at the instant construction site from January 1, 2017 to July 31, 2017. Defendant B entered the statement of payment from February 2 to July 31, 2017, i.e., the daily worker who provided labor at the instant construction site during the said period, as if Defendant C and Defendant D were daily workers who provided labor at the instant construction site during the said period.

The Plaintiff believed the statement of the above labor cost prepared by the Defendant, and did not know that Defendant C and Defendant D did not provide labor at the construction site of this case, and had Defendant C paid KRW 23,961,370 in total on six occasions during the above period as wages, and paid to Defendant D in total on six occasions through the accounts of each Defendant C and Defendant D, or directly paid it from the original contractor through the direct payment consent.

E. Upon Defendant C and D’s request, Defendant C and D allowed Defendant B to open an account in the name of Defendant C and D, and Defendant B deposited and used the benefits paid by the Plaintiff to Defendant C and D immediately.