1. The plaintiff's claims against the defendants are all dismissed.

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

1. The plaintiff's assertion

A. On March 18, 2016, the Plaintiff entered into a labor cost agreement (including a master agreement, actual labor cost, retirement allowance, and various expenses) with Defendant A with respect to household pipe works, public fire pipeline works (hereinafter referred to as “instant construction works” in total), and the remainder Defendants are those employed by Defendant A.

B. The Plaintiff paid 54,00,000 won to Defendant A on condition that it will pay the actual construction cost of KRW 279,335,500, among the construction cost under the contract.

The above KRW 54,00,000 was divided into performance rates to daily workers employed by Defendant A, including the Defendants. Defendant A received KRW 11,940,000 for Defendant A, KRW 1,50,00 for Defendant B, and KRW 3,365,00 for Defendant C.

(hereinafter referred to as the “performance” of the said money received by the Defendants.

However, there was a defect in the instant construction, and the Plaintiff received notification of the defect around October 2017, and completed the defect repair of KRW 22,353,590 in March 2018.

Therefore, Defendant A should return the amount equivalent to the defect repair cost incurred by the Plaintiff as unjust enrichment.

(2) If the Plaintiff’s assertion regarding the contract for termination of contract is not accepted, the Defendants shall return to the Plaintiff the sum of the above performance rate and the retirement income tax and other income tax on the interest in arrears as unjust enrichment.

Meanwhile, the Defendants filed a retirement allowance claim against the Plaintiff as Seoul Northern District Court 2017 Ghana579607, and the Plaintiff agreed to withdraw the said lawsuit, but did not withdraw it, thereby the Plaintiff lost an opportunity to raise an objection to the decision of performance recommendation, and the decision of performance recommendation was finalized on October 13, 2017.

Accordingly, the Defendants filed a seizure and collection order with the Gwangju District Court 2017TTTT16286 regarding the Plaintiff’s claim for the return of deposit against the Industrial Bank of Korea of the third debtor, and cited it on October 31, 2017.