공사대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
1. The facts below the basic facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence 1 to 7 (including paper numbers), Eul evidence 1 and Eul evidence 10-1, 2, and 3.
On June 2018, the Plaintiff, who is engaged in human resources supply business in the name of “C”, agreed to supply the Plaintiff with the site and receive KRW 40,000 out of KRW 2,30,000,00,000,000, out of the aggregate construction works among the new construction works for the fourth-story Housing of Gangnam-gu Seoul (hereinafter “instant aggregate construction works”).
B. From June 4, 2018, the Plaintiff began to supply harvested workforce, and refers to the daily allowance of 59 man per day from June 12, 2018, which is the 59 man of the number of man around June 12, 2018, when the first floor construction among the instant framework construction is completed.
On June 15, 2018, the Defendant paid KRW 15,180,00 (i.e., value-added tax of KRW 13,800,000) as personnel expenses (i.e., value-added tax of KRW 1,380,000).
C. On June 25, 2018, the Plaintiff received from the Defendant KRW 11 million under the pretext of wood farming personnel expenses (i.e., value-added tax of KRW 1 million).
The Plaintiff paid KRW 1,960,00 on June 12, 2018, except value-added tax and the Plaintiff’s fee, and KRW 1,040,50 on June 13, 2018, KRW 7,260,00 on June 15, 2018, KRW 100 on June 19, 2018, KRW 7,000 on June 19, 2018, and KRW 7 million on June 25, 2018.
2. The assertion and the judgment thereof
A. The Plaintiff’s assertion from June 13, 2018 to the same year
7. Until June 13, 200, when the construction was completed by inserting a wood hole at the site of the instant aggregate construction project, the remaining amount of KRW 26,950,000 (i.e., labor cost of KRW 34,50,000) (i.e., labor cost of KRW 150 x 230,000) x 1.1, as above, did not receive KRW 26,950,000 after receiving the payment of KRW 11 million on June 25, 2018.
However, since the defendant directly paid personnel expenses under the agreement with the wooden craftsmen, the defendant shall pay the plaintiff as personnel expenses for the wooden craftsmen.