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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
In around 2016, the Plaintiff’s primary claim is the constructor of the Construction Work for the New E-Family Housing (hereinafter “instant Construction Work”). The Plaintiff provided the Plaintiff with materials, etc. upon entering into a labor contract with the Defendant, and the Defendant A decided to complete the instant Construction Work by inserting workers.
Therefore, in addition to workers’ wages and food expenses, the Plaintiff did not pay the construction cost to Defendant A. Defendant A claimed wages as if the Defendants who did not actually work at the construction site of this case were workers and received the total of KRW 31,800,000 from the Plaintiff. The Plaintiff cancelled the Plaintiff’s wage payment act against the Defendants by the instant lawsuit. The Defendants are obligated to return this amount to the Plaintiff as unjust enrichment.
Although Defendant A was obligated to complete the instant construction in accordance with the above labor contract, the instant construction was unilaterally discontinued, and until then, the details of Defendant A’s execution do not significantly fall short of the amount of the construction cost received from the Plaintiff.
Accordingly, the plaintiff employed a direct worker and completed the construction of this case, and there was an additional loss of construction cost, such as the wage of 80,921,000 won.
The Plaintiff subcontracted the instant construction work to Defendant A at a unit price per square meter for the construction area. Defendant A as a non-registered constructor and paid the entire subcontract price in the form of wage. The remainder of the construction cost excluding the actual wage was paid in the form of wages of the Defendants, not the actual workers.
According to Gap evidence No. 4, Eul evidence No. 1-2, Eul evidence No. 2, Eul evidence No. 2, 3, and 4, and witness F's testimony, the plaintiff must settle the contract amount to be paid to defendant A, in proportion to the construction area according to the construction contents, such as a structural frame and a entrance line.