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1. The first instance judgment, including a claim that has been reduced and expanded by this court, shall be amended as follows:
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a paid job placement office under the trade name of “C,” and the Defendant is a corporation that is engaged in civil engineering, construction, etc.
B. Around March 2016, the Defendant contracted with D Co., Ltd. (hereinafter “D”) for the construction work, and commenced the construction work upon receiving a contract with D Co., Ltd. (hereinafter “D”).
C. On April 2016, the Plaintiff arranged daily workers from April 2, 2016 to July 31, 2016 upon the Defendant’s request for the placement of daily workers from the Defendant’s general secretary.
The Plaintiff paid the wages to the above worker on the part of the contractor of the instant construction work in advance to him/her, and was authorized to exercise his/her right to the wages from them in the form of power of delegation. From April 2, 2016 to July 31, 2016, the Plaintiff amounted to KRW 87,740,000 (i.e., the total amount of wages for the daily worker who arranged and supplied to the instant construction site from April 7, 2016 to July 31, 2016 (i.e., KRW 7,760,000 on May 6, 2016 to KRW 48,10,000 on June 48, 2016 to KRW 25,450,00).
E. On June 13, 2016, the Defendant remitted KRW 7,100,000 out of the total amount of the above wage to the Plaintiff.
F. On August 18, 2016, the Plaintiff filed a claim with the Defendant for the payment of the remaining wages on the part of the Defendant, and on August 18, 2016, G, as the Defendant’s representative, made and delivered a written statement of non-performance (hereinafter “instant written statement of non-performance”) with the purport that the Plaintiff consented to the treatment of the Plaintiff’s service labor cost of KRW 80,640,00 (= KRW 87,740,000 – KRW 7,100,000).
G around that time delivered to the Plaintiff a name stating “Defendant General Management Director G”.
G. On January 3, 2017, the Plaintiff received KRW 56,448,00 from D based on the written consent to the instant direct refusal.
[Grounds for Recognition] Facts without dispute, entry of Gap evidence 1 to 9, 15 evidence (including each number), the purport of the whole pleadings
2. The parties' assertion;
A. The plaintiff's assertion is the first place, and the plaintiff is the plaintiff.