A. The Defendant was awarded a subcontract for part of the sewage culvert construction work contracted by Tae Young Construction Co., Ltd. from the permanent EM Co., Ltd.

B. On March 2012, the Defendant entered into a double construction contract with the Plaintiff with the following content (hereinafter “instant construction contract”) to carry out the said subcontracted construction work.

2. The name of joint works: C;

4. Construction period: Amount of contract on or before July 30, 2013 on or after the completion of March 5, 2012, 2013: Newly Inserted by Presidential Decree No. 2135, Jul. 30, 2013; Amount of contract: Connecting pipes excluding packing recovery (in-house)-20,000 won/m: Drainage systems excluding packing recovery (in-house)-400,000 won/household (in-house 1type): Indoor packing and smoke testing; -350,000 won/households (in-house 50,000): Indoor packing recovery and smoke testing; and the septic tank closed.

C. Under a sort of subcontracting contract, the Plaintiff was fully responsible for the Plaintiff’s profits or losses incurred by the construction work, including labor cost, equipment cost, oil cost, and food cost necessary for the construction work in the instant construction contract.

However, the Plaintiff and the Defendant agreed to pay directly to the relevant company the costs such as the above equipment costs, and pay the Plaintiff the remainder after deducting the above costs from the Plaintiff’s work costs.

The Plaintiff continued construction from March 5, 2012 to April 2014. However, the Defendant did not pay the construction cost from November 201 to April 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 through 15 (including satisfy number), Eul evidence 4, Eul witness D's partial testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the construction work should be paid to the Plaintiff as stated in A team profit portion (Evidence A2) after completion of the construction work.

The defendant's labor cost paid directly by the defendant in accordance with the contract for the original construction work.