1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff, who provides labor human resources with the trade name “C”, supplied labor human resources from December 2012 to the construction site of a new apartment site D located in the case where a housing construction is subcontracted from the Defendant (hereinafter “instant site”).

B. On January 29, 2013, the Plaintiff received directly labor cost of KRW 22,320,000 from the Defendant on January 29, 2013, since the financial standing of Yongsan Construction is difficult.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Determination

A. In the event that the Plaintiff’s assertion-based construction costs could not be paid to the Plaintiff due to the financial situation, the Defendant’s site captain E and the Defendant’s representative director F promised to directly pay the Plaintiff labor costs instead of the construction of melting poles from February 2013 to March 19, 2013. As such, the Defendant is obliged to pay the Plaintiff labor costs of KRW 28,860,000 and damages for delay.

B. Comprehensively taking account of the overall purport of the arguments in each of the statements in evidence Nos. 4-1, 2, and 7-1, 7-23, the Plaintiff’s provision of labor manpower to the instant site from February 4, 2013 to March 19, 2013 is acknowledged, but it is not sufficient to acknowledge that the entries in the evidence No. 5-1, No. 2, and No. 6, and No. 9-1 to 3 are not sufficient to acknowledge that the Defendant promised to directly pay the Plaintiff labor cost instead of the construction of light. There is no other evidence to prove otherwise.

Rather, comprehensively taking account of the overall purport of the arguments in the statements in Eul evidence 1, Eul evidence 6, Eul evidence 7-1 through Eul evidence 7-3, the construction of meltju in the case where the defendant remains in the construction of meltju around April 1, 2013, and the construction of meltju in the case where the plaintiff remains in the construction of meltju, the fact that from February 1, 2013 to March 20, 2013, the defendant would transfer the right to claim for the construction price against the defendant in the instant case’s wage of 28,860,000 won incurred at the instant site, and the part of meltju Construction.