1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who supplies, arranges, etc. human resources under the trade name of “C Human Resources Office”.

B. On December 11, 2015, the Defendant awarded a contract for the new construction of the Down Housing (hereinafter “instant construction”) to E Co., Ltd. (hereinafter “E”), and E Co., Ltd. entered into a subcontract for four Dongs and remaining reinforced concrete construction works among the instant construction works to E Co., Ltd. (hereinafter “Rodex Construction”).

C. The Plaintiff filed the instant lawsuit claiming payment of labor costs, etc. against the Plaintiff and the Defendant, alleging that the Plaintiff entered into a labor supply and subcontracting contract regarding the construction work performed by Rodex Construction. On September 15, 2017, between the Plaintiff and Rodex Construction, conciliation was concluded between the Plaintiff and Rodex Construction with the content that the Rodex Construction would pay KRW 25 million to the Plaintiff.

(hereinafter referred to as “instant conciliation”). [Grounds for recognition] without dispute, part of Gap’s evidence No. 10, entry of Eul’s evidence No. 10, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The worker asserted by the Plaintiff provided labor equivalent to KRW 47,420,000 in relation to the instant construction work, and the Plaintiff paid the said worker the above labor cost.

In addition, the Plaintiff was awarded a contract for retaining wall cutting works among the instant construction works from the Rodex Construction, and completed the construction work at the cost of KRW 3 million.

However, on January 23, 2017, the Plaintiff did not receive 50,420,000 won in total, and the Defendant’s actual representative agreed that F will pay the above labor cost and construction cost after the lapse of one to two months.

According to the instant conciliation, the Plaintiff received KRW 25 million from Rodex Construction. Accordingly, the Defendant concluded the above agreement, the Fair Transactions in Subcontracting Act, or the Framework Act on the Construction Industry.