1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Facts without dispute;

A. On December 29, 2016, the Plaintiff received a contract from the Defendant during the period from December 29, 2016 to April 20, 2017 by setting the amount of KRW 170,000,000, and the period from December 29, 2016 to April 20, 2017, for the incidental civil works among the new construction works of the instant multi-family housing (hereinafter “instant multi-family housing”).

B. The Plaintiff completed the instant construction, and the Defendant directly paid 36,992,250 won to the employees of the instant construction on behalf of the Plaintiff.

2. The parties' assertion

A. The Plaintiff completed the instant construction work.

The Plaintiff and the Defendant agreed to pay the construction cost of KRW 168,00,000,000, except value added tax.

The Defendant paid 80,883,750 won to the Plaintiff’s contractor (i.e., value of KRW 73,530,681 value-added tax of KRW 7,353,069) and equipment cost of KRW 48,961,00 (i.e., value of KRW 44,510,000 value-added tax of KRW 4,510,000), labor cost of KRW 36,992,250). Since the Defendant can receive a refund of value-added tax, the Defendant should calculate only the amount of value-added tax as direct payments. As such, the Defendant’s direct payment is the amount of KRW 73,530,681, the supply price of materials cost of KRW 44,510,00, the supply price of equipment cost of KRW 36,92,250, the labor cost of KRW 15,032,931.

Therefore, the Defendant claimed from the first instance court for the payment of KRW 12,967,068 among the remaining construction cost of KRW 12,967,069 (i.e., KRW 168,00,000 - KRW 155,032,931) and KRW 12,967,068, the Plaintiff claimed from the first instance court for the payment of KRW 12,967,068 of the construction cost, and the amount of material cost and public fund to be deducted from KRW 168,00,00 in the statement of appeal is KRW 73,530,681, not KRW 73,530,682, and the remainder of construction cost is KRW 12,967,069, but did not modify the purport

There is an obligation to pay damages for delay.

B. The Plaintiff and the Defendant did not confirm the construction cost.

② The Plaintiff is merely unable to pay material and equipment costs due to his/her business registration, and the Defendant paid on behalf of the Plaintiff.