A. On November 23, 2016, the Defendant subcontracted the instant construction work to the Plaintiff among the reconstruction works of the Gangdong-gu Seoul Metropolitan Government D Apartment (hereinafter “instant apartment”) (hereinafter “instant apartment”) by C Co., Ltd. (hereinafter “C”); and again subcontracted the instant construction work to the Plaintiff on November 23, 2016.

(hereinafter “instant contract”). B.

On February 21, 2017, the Plaintiff and the Defendant drafted a wage outsourcing contract (Evidence A 3) with respect to the instant contract, as follows.

“(1) A construction period: Commencement on November 23, 2016; completion on November 30, 2017; (2) Contract amount: 33,000 won per 1 kilometer per m; 10,000 won per m; 35,000 won per m; 35,000 won per m for two m; 35,000 won per m for two m; and 35,000 won for subsequent settlement of quantities (in separate calculation / sent calculation / each month / each payment / each month), the ownership of the materials paid under a contract belongs to the Defendant; and the Plaintiff is unable to move the materials brought into Korea without the consent of the Defendant. (5) In the case of a direct request for payment of the subcontract amount, the Plaintiff must submit to the Plaintiff a document stating the working days and unit price of each employee’s output at the actual work site; and the remaining amount after deducting the above payment for the wages, the car, etc. is paid directly by the Defendant.

C. Until June 2017, the instant construction was completed by the Plaintiff, and the instant apartment was completed around November of the same year.

[Reasons for Recognition] Gap's 1, 2, 3, 7, Eul's 6-1, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff invested additional labor due to the defect in the stone or building frame that the Defendant supplied to the Plaintiff, which was directly operated by the Plaintiff, and the Defendant agreed to pay the price directly to the Plaintiff at the time of the instant contract.

Since the plaintiff's additional labor is 176 goods and unit price per goods is 200,000 won, the defendant is 35,200,000 won and won to the plaintiff.