1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.

2. The plaintiff (Counterclaim defendant)'s primary principal claim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning behind this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The Plaintiff completed the extended construction work for the following 114 days: (a) the Plaintiff requested the Defendant to perform the extended construction work; (b) labor cost of KRW 300,000 per day; and (c) vehicle transport cost and construction section usage fee of KRW 30,000 per day (hereinafter referred to as “labor cost, etc.”); and (d) the Plaintiff completed the extended construction work for the following 114 days:

Therefore, the defendant is obligated to pay to the plaintiff 37,620,000 won such as personnel expenses (=30,000 won x 114 days) and damages for delay.

Even if there was no agreement on the daily wage, as long as it is clear that the Plaintiff performed the extended construction works, the Defendant, with remuneration or cost reimbursement, must pay to the Plaintiff, the total amount of wages for 114 days, based on the unit price of wages of the head of the working group, among the unit price of the report on the fact-finding survey of construction works published by the Construction Association for the second half and second half of 2014, and the first half of 2015.

B) The Plaintiff is the representative of the agricultural partnership that carries out the fostering and processing sale of Blulue, and the Defendant operates a Blulue farm. The Plaintiff and the Defendant invested the construction of a factory site, extended construction materials and the purchase cost of processed machinery, and newly constructed a Blulue processing plant. The Plaintiff concluded a business agreement with the Plaintiff’s operating company to process and sell Blulue produced in the Defendant farm and distribute its profits at the rate of 51% and 49%. The Plaintiff invested his labor in accordance with the above business agreement, and performed the extended construction. Accordingly, the Defendant did not have the obligation to pay personnel expenses, etc. to the Plaintiff.