1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 15, 2014, the Defendant awarded a contract for the construction of a “D hotel” (hereinafter “instant construction”) located in Samcheon-si Kimcheon-si Construction Co., Ltd. (hereinafter “Tong-si Construction”) for KRW 3.3 billion for the construction cost.

On January 26, 2015, the construction cost was changed to 4.4 billion won.

B. The Plaintiff, who is engaged in human resources supply business under the trade name “E”, supplied human resources to the instant construction site, and issued a tax invoice claiming labor costs of KRW 77,231,000 in total from November 28, 2014 to March 30, 2015.

C. Sambong Construction paid to the Plaintiff, KRW 16,159,00 on January 8, 2015, and KRW 10 million on February 17, 2015, respectively.

[Based on recognition] Each entry of Gap evidence 1 to 5 (including paper numbers; hereinafter the same shall apply), witness F's testimony, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) concluded a labor supply contract with the Defendant on October 13, 2014, and issued a tax invoice of KRW 77,231,00 in total at the Defendant’s request, and the Defendant is obligated to pay the Plaintiff the balance of the labor cost of KRW 51,072,00 as a party to the instant labor supply contract, and delay damages therefrom, even if not, as a party to the instant labor supply contract, the Defendant is obligated to pay the Plaintiff the remainder of the labor cost of KRW 51,072,00,00, and the Defendant, the owner of D hotel, obtained unjust gains from the balance of the labor cost of KRW 51,072,00 after completing the construction of D hotel, and thus, the Defendant is obligated to pay the Plaintiff the aforementioned unjust enrichment of KRW 51,072,00 and delay damages.

B. Judgment 1

A. As to the assertion of paragraph 1, the following circumstances, which could be known by examining the instant assertion, Gap evidence Nos. 3, 7, Eul evidence Nos. 2 and 3, and by the purport of the entire testimony and pleading of witness G and witness G, i.e., H, around September 18, 2014 from the defendant around 420,000.