1. The Defendant’s KRW 25,793,651 as well as annual 6% from April 27, 2018 to April 16, 2019, and the next day.

1. Basic facts

A. On December 2015, C Co., Ltd. left D Co., Ltd. with the interior work of the building extension work of Gangnam-gu Seoul Metropolitan Government.

B. On April 2016, D Co., Ltd. entered the Defendant at KRW 236,50,000 (including value-added tax) among them.

C. Upon delegation from the Defendant, the Plaintiff performed stone construction work from April 2016 to July 2016 with the Plaintiff’s construction team.

Meanwhile, from May 4, 2016 to December 20, 2016, the Defendant remitted a total of KRW 98,475,199 to the Plaintiff’s account.

[Evidence A] Evidence Nos. 7, 3, 6, 7, and 8

2. The parties' assertion

A. The Plaintiff’s assertion was completed by entering into a subcontract for 147,380,000 won by the Defendant, but did not receive KRW 30,875,411.

B. The Defendant’s assertion (see the preparatory document dated October 19, 2018) (see, e.g., Supreme Court Decision 139,790,000 won) made a verbal subcontract to the Plaintiff, but the Plaintiff was absent from the site around July 2016, when the Plaintiff was performing construction work only with a volume equivalent to KRW 124,268,850.

Meanwhile, the Defendant paid KRW 34,33,732 to the Plaintiff’s husband F and G on behalf of the Plaintiff, and charged KRW 2,163,00 for parking fees, food expenses, KRW 2,163,00 for work tools, and KRW 1,074,70 for work tools.

3. Determination

A. The Plaintiff and the Defendant cannot be found to have entered into a subcontract for tin work equivalent to KRW 147,380,000 with only the statement of evidence No. 1 (Written Estimate) as to the cause of the claim. Moreover, there is no evidence to prove that the Plaintiff executed the Plaintiff’s construction work in excess of the amount equivalent to KRW 124,268,850 recognized by the Defendant in this case, where the Plaintiff left the site around July 2016 before the completion of tin work.

B. As to the defenses against F and G wage deduction from May 2016 to July 2016, F, G, etc. written by the Plaintiff (Evidence B 9), the Plaintiff’s work status list (Evidence B), in addition to H, I, J, K, L, and M (Evidence A 3) as the Plaintiff’s work team, is written as the human body.

However, on June 21, 2016, the Defendant remitted the construction cost of KRW 31,077,589 to the Plaintiff.