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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
Reasons
1. The plaintiff's assertion and judgment
A. On November 2013, the Plaintiff asserted that the Plaintiff introduced the Defendant through the placement agency, and the Defendant was employed as a daily worker at the subcontracted construction site. The Defendant received the bank passbook and the deposit and withdrawal card opened in the name of the Plaintiff while allowing the Plaintiff to receive direct transfer of the Plaintiff’s wages from the subcontractor.
After that, the Defendant paid only a part of the Plaintiff’s monthly wage deposited from the contractor to the Plaintiff’s above passbook account, and the remainder was used by the Defendant who is not aware of the Plaintiff.
Therefore, the Defendant is obligated to return to the Plaintiff the claimed amount, which is the remainder obtained by subtracting the total amount of money actually paid by the Defendant to the Plaintiff from the total amount of the Plaintiff’s wages from December 2, 2013 to June 15, 2016, as unjust enrichment.
B. According to the evidence evidence evidence Nos. 3 and 4, the Plaintiff was employed as a worker at the construction site of the Defendant who subcontracted electrical construction between March 2014 and June 2016 and provided labor. In the process, the Defendant received monthly money from the contractor to the Plaintiff’s bank account with the Plaintiff’s consent and paid the Plaintiff wages calculated on the basis of the Plaintiff’s daily wage. The Defendant paid the Plaintiff’s wages during the aforementioned period from March 2014 to August 2014 based on the daily wage of KRW 100,000, the daily wage of KRW 90,000 from October 20 to June 2016; the Defendant calculated the amount of wages based on the daily wage of KRW 57,69,500 from March 3, 2014 to June 2016; and the amount calculated by the Defendant’s total amount of wages of KRW 57,50,500 from the contractor’s account to June 2016 to the Plaintiff.
However, the Plaintiff.