1. The plaintiff's claim is dismissed.

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

1. In fact, the K&T Co., Ltd. entered into a contract with the head of the National Defense Facility Headquarters for the construction of the “military camp life zone”, and entered into a contract with the Plaintiff on July 22, 2013, among them, the C&T Co., Ltd. (hereinafter “instant construction”).

The Defendant worked on the instant construction site from July 2013 to March 2014 as the Plaintiff’s employee, and the Plaintiff paid KRW 30,470,000 to the Defendant during the said period.

In addition, the Plaintiff’s director C had withdrawn deposits from his check card and paid the deposit to the Defendant.

[Ground of recognition] Unsatisfy, Gap 1-6 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff related to wages asserts that the Defendant’s salary reported to the Employment and Labor Agency, etc. in relation to the instant construction work is merely a total of KRW 19.1 million. Since the Defendant received 30.47 million benefits from the Plaintiff, the Defendant asserts that the Plaintiff should return the excess amount (=30.477 million won-19.1 million won) to the Plaintiff as unjust enrichment.

In full view of the following facts: (a) evidence Nos. 4, 4, and 2 and witness evidence Nos. 4 and 2; and (b) the Defendant was paid 4,00,000 won a month from the Plaintiff as salary and participated in the instant construction as the Plaintiff’s employee; and (c) accordingly, the Plaintiff remitted 4,00,000 won to the Defendant around the 15th day of each month; and (d) the Plaintiff, in addition to the above benefits, has preserved the fact that the Defendant compensated for the money disbursed in relation to the instant construction under the name of

Therefore, it is insufficient to recognize that the defendant's benefits reported to the Employment and Labor Agency, etc. are less than the actual amount paid by him/her as being paid by him/her without any legal ground.

B. The Plaintiff related to C’s payment has paid KRW 15.1 million as advance payment, etc. to the Defendant in relation to the instant construction project, but the Defendant did not have any reason to receive such payment.