공사대금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1.The following facts of recognition are not disputed between the parties, or may be admitted by adding together the whole purport of the pleadings to the statements set forth in Gap evidence Nos. 2 to 4, 6, and Eul evidence No. 1 (including paper numbers):
The plaintiff is a person who runs a construction business under the trade name B, and the defendant is a corporation with the purpose of construction business, steel construction business, etc.
B. The Defendant awarded a contract from the Namyang Construction Co., Ltd. to the Plaintiff for the steel structure construction and the steel structure construction among the construction works of the steel structure construction and the panel construction among the construction works of the five sections adjacent to the Rural Development Administration in the Jeonju-si.
C. From August 22, 2013, the Plaintiff invested materials at the instant construction site and supplied necessary human resources from C (D) to perform the instant construction work.
The Plaintiff commenced the instant construction project before the express agreement on the construction amount was reached between the Defendant and the Defendant, and the Plaintiff and the Defendant did not reach an agreement on the construction amount, and eventually, the Plaintiff suspended the instant construction project around November 24, 2013.
E. On December 10, 2013, the Plaintiff filed a claim with the Defendant for the payment of KRW 108,308,300 for the portion executed by the Plaintiff during the instant construction project. On January 16, 2014, the Defendant notified the Defendant that he would pay KRW 99,204,620 as the construction cost for the portion executed by the Plaintiff (excluding value-added tax). The Plaintiff consented thereto.
F. Meanwhile, C filed a claim with the Defendant for KRW 22,90,00 as the personnel expenses for the portion of October 2013 in relation to the instant construction project (value added tax; hereinafter the same shall apply), KRW 26,632,840 as the personnel expenses for the portion of November, and KRW 15,251,940 as the personnel expenses for the portion of December.
Accordingly, on November 28, 2013, the Defendant paid C KRW 25,190,00 (including KRW 22,90,000 for personnel expenses for October 9, 10 x 1.1 value-added tax; hereinafter the same shall apply). On January 15, 2014, the Defendant paid KRW 46,073,258 for KRW 46,296,124 for labor expenses for December (=26,632,840 for labor expenses for November 11 x 1.1) (=16,77,134 for labor expenses for December (i.e., KRW 15,251). < Amended by Act No. 1213, Jan. 15, 2014>