A. On November 2015, the Plaintiff entered into a contract with Defendant B, who operates air-conditioning devices construction business, etc., under which the Plaintiff entered into a contract with the Defendant B to set the price of KRW 352 million for the supply of human resources of the Mutual Assistance Ethics Installation Work (hereinafter “instant construction”) from November 25, 2015 to April 14, 2017.

B. Defendant B, only the nominal owner of the business registration of “C”, had the Defendant A, who is his spouse, run his business.

C. As labor costs exceeding KRW 352,00,000, which were agreed upon while executing construction works at the construction site of this case, Defendant B agreed with the Plaintiff as of December 28, 2016, and drafted a written agreement with the Plaintiff.

1) The Plaintiff paid to Defendant B an advance payment for excess personnel expenses of KRW 150 million, and the Defendant B paid the payment for the completion of the labor expenses of the other construction site that the Plaintiff had been awarded a contract from the Plaintiff, with the amount of KRW 1,50,000,000 per month reduced from KRW 1,500 per month to KRW 2,000.2) If Defendant B suspends the construction of the instant construction project or of another construction site, the remainder of the remainder of the money calculated by the same method as that of paragraph (1) shall be immediately paid to the Plaintiff. D. Defendant B waived all of the construction works of the instant construction site and other construction sites on February 9, 2017, and the excess personnel expenses that the Plaintiff paid to Defendant B up to this point are KRW 1,50,410,94 [Grounds for recognition], without dispute, and the purport of the entire pleadings including the number of pages, and the purport of the pleading as a whole.

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition, Defendant B calculated 150,410,994 won for personnel expenses paid to the Plaintiff in excess of the construction cost and the annual rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 24, 2017 to the date of complete payment, which is the day following the delivery date of a copy of a complaint.