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1. Of the judgment of the first instance, the part against the defendant among the judgment of the court of first instance against the defendant exceeding the amount ordered to be paid below.
Reasons
1. Basic facts
A. The Plaintiff was awarded a contract for general electrical construction (hereinafter “C”) for a new apartment construction project by Hyundai Engineering Co., Ltd. (hereinafter “former Engineering”) and D’s temporary electrical construction and main construction (hereinafter “D”) respectively.
B. Defendant A, as the site manager of each of the above works, was in charge of managing and supervising labor, materials, etc., and Defendant B, at the site of the construction work, assisted Defendant A to handle various documents related to the construction work.
[Reasons for Recognition] Facts without dispute, purport of whole pleading
2. Determination on the claim for damages related to excessive labor costs
A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each statement of evidence Nos. 2 through 7.
1) As a matter of principle, Defendant A demanded the Plaintiff to pay the labor cost based on the fingerprint recognition device managed by Hyundai Engineering, or the calendar. Despite the fact that the amount of labor cost corresponding to the number of working days of the workers identified in data confirming the fingerprints recognition device in the construction site from May 2, 2014 to December 2, 2015 is KRW 721,95,274, Defendant A had the Defendant B prepare the labor cost corresponding to the number of working days of the said workers who worked at the construction site during the said period as if the total of KRW 1,101,471,80, and then, Defendant A demanded the Plaintiff to pay the said amount on the basis of the said cost, and Defendant A demanded the Plaintiff to pay the labor cost on the basis of the said cost. Furthermore, Defendant A prepared the labor cost on the basis of data, such as the calendar report submitted from May 20, 2015 to Hyundai Engineering, based on the total number of working days at D construction site corresponding to the total number of working days at D construction site, 130,150,130.