The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On January 25, 2016, the Plaintiff was awarded a subcontract for electrical construction (hereinafter “E”) among the “E-Newly constructed apartment construction works,” which was implemented in the Busan East-gu D Day (hereinafter “instant construction works”), with the construction cost of KRW 1,123,103,520 (including value-added tax) and the construction period from January 25, 2016 to June 30, 2018.

B. On March 14, 2016, the Plaintiff was awarded a subcontract for the electricity, telecommunications, and fire fighting construction work (hereinafter “instant secondary construction work”) among the new construction work of H apartment units implemented in the Busan metropolitan Daegu G GG (hereinafter “H apartment”) from F Co., Ltd. for the construction work period of KRW 1,560,000 (including value-added tax) and the construction period of KRW 1,560,000 (including value-added tax) and from March 14, 2016 to February 28, 2018.

Since February 28, 2018, the above construction cost was changed to KRW 1,730,000 (including value-added tax).

C. The Plaintiff sub-subcontracted to the Defendant with each of the instant construction works, and paid the Defendant a total of KRW 497,54,58,954 from August 2016 to July 2018 with the labor cost of the instant construction work, and KRW 719,98,630 from April 2016 to April 2018, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 24, and 25 (including those with several numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff re-subcontracted the instant construction work to the Defendant in KRW 219,134,80,00, which is 92% of the initial labor cost of KRW 238,190,000, and KRW 219,134,80,00, respectively, for KRW 87% of the initial labor cost of KRW 552,710,774, and KRW 480,858,373, respectively. In form, the Defendant was registered as the Plaintiff’s on-site director, but the Defendant directly employed the necessary parts of the Corporation, and the Defendant was responsible for the work within the limit of each amount, and the labor cost was directly paid to the Plaintiff’

B. The defendant registered or actually worked in collusion with the head of his working group I, etc. who did not actually provide labor at each of the above construction sites.