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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. From October 2015, the Plaintiff received 140,000 won per person per person from the Defendant from around October 2015, and the said personnel expenses include miscellaneous expenses, such as meals, oil expenses, etc., and received a subcontract for electricity, fire-fighting, and communications works among the construction works on the L building site, M building site, D site, and Ctel site.
(hereinafter “instant subcontract”). (b)
The plaintiff completed subcontracting works at the LA building site, MA site, and D site, and the construction was suspended on June 2, 2016 due to the defendant's failure to pay the subcontract price while the subcontracted works at Ctel site were being implemented.
C. The Defendant paid the subcontract price to the Plaintiff from November 2015 to June 2016 as indicated below.
The total amount of the fixed-term personnel expenses paid shall be 10,814,610 won for October 2015, 10,815,10 won for 10,891,891,850 won for November 2015, 14,994,340 won for December 1, 2015, 9,640,612,640 won for February 6, 2012, 612,640 won for 16,63,640 won for 205, and 14,94,94,340 won for 14,94,340 won for 205, and 340 won for 20,640 won for 20,640 won for 30,640 won for 16,393,90 won for 393,90 won for 206, 2016
2. In full view of the following circumstances that can be recognized by comprehensively taking account of the determination on the cause of the claim, the above facts, the evidence, and the purport of the entire pleadings, namely, ① the Plaintiff’s receipt of KRW 140,000 per person per person per the Plaintiff, entering into the instant subcontract with the Defendant, ② the Defendant prepared the wage ledger for workers on duty (Evidence 3) based on the attendance record submitted by the Plaintiff, ③ the Defendant paid the Plaintiff the full amount of the labor cost up to March 2016, and paid some of the labor cost up to May 4, 2016.