1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is a person who is engaged in the human resources presentation business in the trade name of "C", and the plaintiff is a daily worker engaged in the molding, and the plaintiff was a person who recruited construction human resources to work at each construction site introduced by the defendant and posted them and distributed wages.

B. Around July 2013, when the Plaintiff and the Plaintiff recruited and arranged construction personnel at the construction site introduced by the Defendant, the Defendant first concluded an oral agreement that the Plaintiff would pay the Plaintiff wages to the employees, and then the Plaintiff would first pay the Defendant the wages to the Defendant after receiving the wages from the construction company (hereinafter “instant agreement”).

[Reasons for Recognition] Facts without dispute, Gap 1, 8, Eul 4, 5, the purport of the whole pleadings

2. Determination on the main claim

A. From January 1, 2014 to March 31, 2014, at the Defendant’s request, the Plaintiff recruited construction manpower in the F working site in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City (hereinafter “D”) subcontracted by D Co., Ltd. (hereinafter “D (hereinafter “D construction site”; hereinafter “project site”) and arranged “contractors” and “place” in the form of “project site” in the form of the subcontractor. The Defendant received KRW 128,70,000 from D for January 1, 2014 (from 16 to 31 days) and for February 2014. The Defendant did not pay the remaining wages to workers who provided labor on behalf of the Defendant. The Plaintiff paid the entire unpaid wages to workers who provided labor.

Therefore, the Plaintiff, who was transferred the wage claim against the Defendant from the above workers, sought payment of the unpaid wage of KRW 49,160,000 (=128,700,000 - 79,540,000) from the Defendant as transfer money or unjust enrichment.

B. Determination A, 2, 3, 5, 6, and 6.