1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. Around January 2010, C Co., Ltd (hereinafter “Co.”) determined construction cost as KRW 250,000 as to the damage prevention project in the vicinity E-gun (hereinafter “instant construction project”) with Defendant and seven (7) persons, and entered into a contract with the contractor (hereinafter “instant contract”). Around January 201, C Co., Ltd. (hereinafter “Co.”). The amount of construction cost was determined as KRW 250,000 as to the instant construction project, and the blasting project in the base team is collectively and collectively the amount of construction

B. The Plaintiff was awarded a subcontract for the instant construction work with the amount of KRW 197 million from the sub-committee company and continued the said construction work.

C. Meanwhile, from April 5, 2010 to March 29, 2011, the Plaintiff used 29 times a total of 58 blasting seats for a dump truck at the instant construction site, from around April 5, 2010 to around March 29, 201 (hereinafter “instant work”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including branch numbers), each of the statements and images, F of the first instance trial, D's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the blasting seats occurred in the construction process of the instant case shall be owned by the Plaintiff as the actual work executor. The Defendant, at the Defendant’s direction, would pay the blasting seats price, equipment rent, etc., and set forth KRW 70,000 per unit for each blasting season usage fee, KRW 150,000 per unit for blasting truck, KRW 1.7 million per unit for blasting gardens, and carried out the instant work separately from the instant construction work. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 8,70,00 won for blasting seats (= KRW 158,00,000), KRW 29,00 won for blasting seats, KRW 20,30,000 (= KRW 77,000, KRW 20,30,00) for blasting seats, and damages for delay.

B. The defendant's assertion that the work of this case was already included in the contract of this case, and the defendant paid all the construction cost to the non-party company, which cannot respond to the plaintiff's argument.

3. First of all, determination.