1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 27, 2015, the Defendant, who operated D, supplied the E (hereinafter “instant construction”) for KRW 700 million from the Nam Sea Steel Co., Ltd. (hereinafter “Seoul Sea Steel”).

B. The Plaintiff, who was the head of F’s site office, entered into a verbal contract with the Defendant to receive painting construction work (hereinafter “instant painting construction work”) during the instant construction work (hereinafter “instant painting construction contract”).

C. The Defendant paid to the Plaintiff the full amount of KRW 19,610,000,00 for labor cost according to the instant painting construction contract.

[Ground of recognition] Facts without dispute, Gap evidence No. 11, Eul evidence No. 9, 10, and 16, the purport of the whole pleadings

2. The parties' assertion and judgment

A. Plaintiff’s assertion 1) The price for the instant painting construction contract was calculated on the basis of KRW 44,700 per ton (total amount of KRW 671 ton). Meanwhile, while the Plaintiff’s execution of the instant painting construction project, the Defendant requested for construction of ideas by stipulating that personnel expenses, food expenses, and other expenses are directly managed by the Plaintiff. At the Defendant’s request, the Plaintiff is deemed as “the instant literary construction work” from July 31, 2015 to August 4, 2015, and combined with the instant painting construction work.

3) Afterwards, the Plaintiff completed construction of more than 95% of the total amount of 671 tons and more than 637.5 tons under the instant painting construction contract, and the construction cost corresponding to the sign value that the Plaintiff performed by the instant entire construction works is KRW 28,496,250, and the amount that the Defendant paid to the Plaintiff is merely KRW 22,450,000. Accordingly, the Plaintiff claims KRW 5,217,397 in total, including lodging expenses, food expenses, oil expenses, consumption expenses, on-site expenses, on-site expenses, etc., out of KRW 6,046,250, which the Defendant did not pay to the Plaintiff. Therefore, the Defendant is obligated to pay the said money and delay damages to the

B. The Plaintiff and the Defendant asserted that the construction cost according to the instant painting work is the construction cost.