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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 5, 2014, the Plaintiff: (a) concluded a construction contract under which each contract was made to the Defendant for the construction work of an apartment building section 1 and 2 sections for the construction work of an apartment building in Seongbuk-gu Daejeon-gu, Daejeon-gu; (b) and (c) around February 25, 2015, the construction contract was awarded to the Defendant for the construction work of an apartment building on the Dab block (hereinafter “E construction contract”); and (c) the Defendant received the payment for the completed payment from the Plaintiff while performing the construction work under each of the above construction contracts (hereinafter “each of the instant construction works”).
B. When the Defendant’s employees agreed that each of the instant construction works was not paid wages from the Defendant, and the progress of each of the instant construction works was delayed, the Plaintiff paid to the Defendant’s employees a total of KRW 1,885,145,881, and KRW 2,855,751,935,935 (hereinafter “the instant payment”) in relation to the instant construction contract as wages, etc. around September 2015.
2. The plaintiff, as to the primary claim, submitted the contract guarantee of the Specialized Construction Mutual Aid Association that is forged to the plaintiff by the representative FF and Y G, and committed an illegal act of voluntarily consuming the payment for the completed portion paid by the plaintiff without paying the defendant's employees, thereby causing losses to the defendant's employees. Since the representative director F incurred losses to the plaintiff due to the execution of business, the defendant is jointly and severally liable for damages, and the employer's liability is liable for damages as to G's illegal act, and the defendant is liable for damages to the plaintiff
However, the above facts alone are insufficient to recognize the existence of causation between the Plaintiff’s assertion F, G’s act and the Plaintiff’s payment of the instant repayment amount, and there is no other evidence to acknowledge this. Therefore, this part of the Plaintiff’s assertion is without merit.
3. Preliminary claim.