1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

3.

1. The reasoning for this part of the basic facts is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the basic facts is cited including abbreviations pursuant to the main sentence of

2쪽 하2행부터 3쪽 2행까지의 나항 및 다항을 아래 『』내용으로 고쳐 쓰고, 3쪽9~10행의 “원고가 공사현장 인건비, 자재비, 장비대 등(이하 ‘현장 인건비 등’이라 한다)으로 협력업체에 피고를 대신하여 지급함으로써 결국”과 11행의 “각주 3)”을 삭제한다. 『나.

Around December 16, 2013, the Defendant started the instant construction and completed the instant construction on October 18, 2017.

In the process of the construction of this case, the Plaintiff received advance payment and progress payment from the Cheongju-si, the ordering authority, ② the Plaintiff’s share of management expenses, ③ personnel expenses, material expenses, equipment expenses, sales value-added tax, and various insurance premiums, etc. for the Plaintiff related to the construction of this case (hereinafter “on-site personnel expenses, etc.”), and in fact, the Defendant actually performed the construction of this case, but the Plaintiff received the construction expenses from the ordering authority as the contractor, and paid all kinds of expenses, such as insurance premiums, by directly paying them to the subcontractor as requested by the Defendant

④ The amount that the Defendant paid to the Plaintiff, the Plaintiff demanded the Defendant to pay the amount that the Defendant spent in excess during the instant construction, and the Plaintiff received from the Defendant. Upon receipt, the receipt (No. 2-1-6) was prepared to the Defendant and the amount received was reflected in the settlement of accounts in a manner that deducts the amount received from the said ③ amount.

(2) The statement "(3) and (4) are indicated in each statement of accounts (the details of deduction)", and (2) are indicated in the items of management expenses and (4) in red color at the bottom of the left-hand side.

(5) Purchase value-added tax amount by the plaintiff, and the final amount payable by the plaintiff to the defendant