1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendants (Counterclaim Plaintiff) and the Defendants’ counterclaim claim.

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On March 9, 2017, the Plaintiff received a subcontract from F Co., Ltd. for reinforced concrete construction among construction works (including civil engineering, machinery, and landscaping) newly constructed E in the Gangnam-gu Seoul Special Metropolitan City D Institute. Around that time, the Plaintiff concluded a contract with the Defendants and the Defendants to receive labor for the mold construction work (hereinafter “instant construction work”).

B. From May 2017 to November 2017, the Defendants calculated the labor cost for the employees invested in the instant construction site in accordance with the work log and claimed monthly labor cost to the Plaintiff. Upon the Defendants’ demand for labor cost, the Plaintiff transferred the total amount of KRW 295,912,090 to Defendant B from May 2017 to November 2017, and the total amount of KRW 531,141,490 to Defendant C, respectively.

C. The Plaintiff filed a complaint against the Defendants with the investigative agency on the charge that the Defendants fraudulently stolen labor costs from the Plaintiff, on the grounds that there was insufficient evidence as to November 20, 2018, Defendant B received a non-prosecution disposition (No. 2018-type No. 14628 of the Gwangju District Prosecutors’ Office), and Defendant C was also subject to a non-prosecution disposition on the ground that there was insufficient evidence as to November 22, 2018, on the grounds that there was insufficient evidence to prove that there was insufficient evidence. (The Goyang District Prosecutors’ Office 2018-type No. 37237 of the Korean Prosecutors’ Office).

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2 and Eul evidence 2 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. Labor costs transferred by the Plaintiff to Defendant B are up to KRW 295,912,090. The amount paid as labor costs to individual workers from Defendant B’s account is up to KRW 221,319,530. Labor costs remitted by the Plaintiff to Defendant C are up to KRW 531,141,490. The amount paid as labor costs from Defendant C’s account is up to KRW 288,564,360.

The Defendants are at the site of the instant construction work to the Plaintiff.