A. On October 31, 2016, Nonparty C awarded a contract to the Defendant for the construction of urban residential housing and business facilities on the D ground at the time of the Government-si.

B. On December 27, 2016, the Defendant subcontracted the interior construction work to the Plaintiff in KRW 420 million (excluding value-added tax) during the said construction work.

C. From February 16, 2017 to June 16, 2017, the Plaintiff received KRW 368,700,000 in total from the Defendant and the owner of the building from C, who is the Defendant and the owner of the building.

[Evidence A] Evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Both claims (i) The Plaintiff, as the cause of claims, excluded the Plaintiff from the subcontract by having the Defendant directly perform the project equivalent to KRW 19,110,00,00 other than the outer brick work after entering into the subcontract (the construction cost of KRW 440,979,00 after the reduction), and additionally performing the construction work equivalent to KRW 16,941,10 (including value-added tax). The Defendant asserts that he is liable to pay the remaining construction cost of KRW 89,220,100 to the Plaintiff.

Dor, the defendant asserts that the other construction work is not covered by the subcontract agreement, and that there is no additional construction contract.

B. In light of the following facts, it can be acknowledged that the Defendant’s direct construction among the other works exists.

㈎ 공사원가계약서(갑 제1호증의 3) 중 타일공사 부문을 원고 시공분과 피고 시공분으로 나눈 듯한 수기표시가 있다.

㈏ 주식회사 E이 피고에게 타일 납품과 관련한 전자세금계산서를 발행하였고(을 제3호증), 주식회사 F가 피고에게 타일 납품과 관련하여 물품대금을 청구하였다

(을 제19호증). ㈐ 타일 부문 노무자들(G, H, I, 을 제5, 6호증 참조)이 피고를 임금체불로 고소하였다

(Evidence Nos. 7 and 8). However, it cannot be acknowledged that only the written evidence Nos. 5 and 6 was concluded between the Plaintiff and the Defendant that the additional construction contract was concluded between the Plaintiff and the Defendant to pay the construction cost claimed by the Plaintiff.

Article 2.2