1. The Defendant’s KRW 41,752 as well as to the Plaintiff’s KRW 6% per annum from July 1, 2016 to November 15, 2017, and the next day.

1. Basic facts

A. On September 15, 2015, the Plaintiff received a subcontract from the Defendant for the metal construction work (hereinafter “instant construction work”) from the Defendant during the large-scale repair of Daegu Elementary School and other construction work (hereinafter “instant construction work”) with the amount of KRW 127.6 million (i.e., value-added tax of KRW 116 million) and the construction period from September 15, 2015 to February 9, 2016.

(B) However, the Defendant directly bears the cost of materials necessary for the instant construction, and the Plaintiff is paid the cost of labor for a single-life labor contract by the Defendant (hereinafter “instant contract”).

After February 2016, the Plaintiff completed the remaining construction works excluding the part of the non-construction among the instant construction works. From October 2015 to March 2016, the Defendant paid a total of KRW 123,083,558 as the construction cost under the instant contract (i.e., labor cost of KRW 33 million paid to the Plaintiff on December 30, 2015 (i.e., KRW 90,083,558 paid to three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-eight-eight-eight-eight).

C. On April 2016, the Plaintiff and the Defendant confirmed the items of the part that the Plaintiff did not perform among the instant construction works at the Defendant’s office.

Meanwhile, according to the contents of the contract made between the original and the Defendant at the time of the instant contract, “In principle, the contract shall be made according to the ratio of the construction cost under the contract made only when there is a contract for increase or decrease in the design, and the minor matters to be changed during the construction shall be modified without increase or decrease in the construction cost in principle.

(Conditions incidental to the contract). [Reference to paragraphs (3) and (4) of this Article] / [Grounds for recognition] without dispute, entry of Gap evidence 1, Gap evidence 2-1, Eul evidence 1 through 7 (including paper numbers), witness D's partial testimony, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s material cost incurred by the Plaintiff in relation to the instant construction project is KRW 3,522,827, and the Defendant’s personnel cost of KRW 4,516,442 and value-added tax of KRW 2,100,000 and KRW 2.1 million.