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1. The judgment of the first instance, including the claims expanded and reduced in this Court, shall be modified as follows:
Reasons
1. Basic facts
A. The Plaintiff, at the Defendant’s request from December 2, 2012, to December 9, 2012, 2012, after performing daily construction works among the C tea shop interior interior works located in Jung-gu Seoul, Jung-gu, Seoul, the Plaintiff settled the labor cost, etc. required for the said works with the Defendant at KRW 3,630,00 (including value-added tax).
The Defendant paid KRW 2,500,000 to the Plaintiff on February 8, 2013, and did not pay the remainder KRW 1,130,000 to the Plaintiff.
B. On the condition that the Plaintiff received wages (daily calculation) and construction materials, etc. from the Defendant, the Plaintiff, who was commissioned to perform daily work among the interior works of the D Factory in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, as a result of requesting the Defendant to perform daily work on February 17, 2013; the same month; the 20th of the same month; the 23th of the same month; and the 719,950 won (i.e., E 274,450 won (F 445,50 won) such as E 274,450 won) were used to perform the said daily work.
C. From February 18, 2013 to April 6, 2013, the Plaintiff paid to G 460,000 won to H, 460,000 won to H, 460,000 won to J, 230,000 won to K, 460,000 won to L, 30,000 won to M, 30,000 won to N, 30,000 won to N, and 150,000 won to P, and 3,830,000 won to Q.
[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 2, 5, 8, 9, 10, 14 through 18, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the defendant is obligated to pay to the plaintiff the sum of KRW 1,130,000, KRW 719,950, and KRW 3,830,000, and the amount equivalent to the wages paid by the plaintiff, as well as KRW 5,679,950, and the delay damages.
The plaintiff asserts that ① material cost required for the other work at the construction site is KRW 781,00, and ② labor personnel G, H and I paid KRW 690,000 for each three-day wage, but the statement in Gap evidence Nos. 3, 15, and 18 alone exceeds the above KRW 719,950, which is recognized as material cost required for the other work at the construction site.