1. The Defendant’s KRW 17,001,678 as well as the Plaintiff’s KRW 6% per annum from January 31, 2015 to November 24, 2015.

Basic Facts

The Defendant contracted the building owner A with construction work for housing units on the ground outside Dongjak-gu Seoul Metropolitan Government and one parcel, and subcontracted the part of the instant construction work to the Plaintiff for construction cost of KRW 73,000,000 on May 15, 2013.

From September 2013, the Plaintiff performed additional construction works for the instant stone work.

The Plaintiff received the payment of the instant construction cost of KRW 51,00,000 from the Defendant, and KRW 21,50,000,000 from C representative Co., Ltd., and KRW 73,00,000 in cash, and received full payment of the construction cost excluding the additional construction cost of KRW 73,00,000.

[Ground of recognition] The plaintiff asserted that the plaintiff should pay the additional construction work in relation to the non-contentious facts, evidence Nos. 1 through 3, evidence Nos. 4, and the purport of the whole pleadings. The plaintiff decided to do the additional construction work in this case between A, E, and D. The plaintiff's contractor is the defendant and D is also an employee of the defendant. Thus, the defendant should pay the additional construction work.

In this regard, the defendant asserts that since the defendant and the joint beneficiary C independently subcontracted to the plaintiff with respect to the additional construction in this case, the additional construction cost should be paid from C.

The defendant's employees E and C representative D were permanently stationed at a construction site to discuss and exercise overall control over the construction work.

D The introduction of D led the Plaintiff to accept a subcontract for tin works among the instant construction works from the Defendant.

The plaintiff was ordered by D to perform the additional construction work, and D had D perform the additional construction work in E with E, and D and E completed the plaintiff's additional construction work and completed it at the construction site after the end.

C is only a subcontract for the interior and crypt construction work among the instant construction work performed by the Defendant or the owner A.

[Reasons for recognition] The evidence No. 4, the witness D's testimony, and the purport of the whole pleadings are acknowledged by the above facts of recognition.