1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff subcontracted the portion of human resources supply among “E-building site preparation works” implemented by D Co., Ltd. and re-subcontracted the instant construction work to the Defendant (hereinafter “instant construction”).

Based on the output report prepared by the defendant, the defendant received the wages of the person mobilized for the instant work from the plaintiff on behalf of the plaintiff and distributed them to the people.

However, the Defendant, from December 2017 to April 2018, prepares a false printing log, and received an excessive amount of wages of KRW 92,692,593 from the Plaintiff as shown in the attached Form, and thus, the Defendant is obligated to return the said KRW 92,692,593 to the Plaintiff as unjust enrichment.

B. The gist of the Defendant’s assertion was that the Plaintiff re-subcontracted F with the steel bars and the instant construction to F, and the Defendant served as the team leader of the instant construction upon the said F’s request.

After preparing an output report, the defendant was confirmed by F and C employees (one-time G warden) belonging to F and C (one-time G warden). Accordingly, the defendant distributed the wages reasonably paid to the person and did not gain unjust benefits by means of excessive receipt of wages.

2. We examine the judgment, and the fact that the Defendant, from December 2, 2017 to April 2018, prepared a printing day report by the members who worked at the construction site of this case, and received wages by the members mobilized from the Plaintiff for the instant work and distributed the wages to the members, does not conflict between the parties.

However, the following circumstances, i.e., “F., who received wages of the husband mobilized for steel works, on behalf of the Plaintiff around May 2018, 2018, comprehensively taking into account the respective descriptions of evidence Nos. 15, 16, and Nos. 1, 2, 9, 10, 11, 14, and 25 (including serial numbers), witness H, and I’s testimony and arguments.