공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff entered into a labor contract with the Defendant on the site of stone construction works that the Defendant subcontracted, sent the parts employed under the said contract, and sent them to the inside and outside of the building, etc., with building stones attached to stone. ① The construction site of C from December 31, 2010 to May 30, 2012, and the construction site of the Government Office Office’s officetel from May 2, 2012 to August 31, 2012, and ③ the construction site of the D Hospital from July 9, 2012 to November 21, 2012 (hereinafter “each of the instant construction projects”).
B. On the other hand, the plaintiff and the defendant did not specify the labor cost to be paid to the plaintiff for each of the instant construction works as a specific amount, and they received them during or after the process of construction.
[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 11 and 35 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that labor costs for each of the instant construction works were KRW 415,285,00,000. Of which the Defendant received only KRW 283 million, the Defendant was obligated to pay the remainder of labor costs (= KRW 415,285,000 - KRW 283 million). As such, the Defendant is obligated to pay the Plaintiff the said KRW 132,285,000 and damages for delay.
B. 1) On the basis of the calculation method and amount of the labor cost, the Plaintiff asserted that the labor cost for each of the instant construction works is the sum of the daily allowances (the number of output x daily days x the number of output x the number of output) for the labor personnel provided by the Plaintiff (the total working cost for each of the instant construction works) (the total working cost for each of the instant construction works is KRW 137,425,00), and the calculation is based on the agreement that the labor cost for the instant construction works is KRW 141,150,00, and the labor cost for the construction of the instant construction works for the parliamentary neighborhood living facilities of the government, KRW 136,710,00, and KRW 415,285,000 for each of the instant construction.
On the other hand, the defendant.