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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. C Co., Ltd. is a company engaged in the ship manufacturing business, and D Co., Ltd and the Defendant is a subcontractor of C Co., Ltd., which manufactures and installs vessel components, design parts, etc.
B. C Co., Ltd. received orders from E Co., Ltd. to “Lasing Bridge, and steel structures installed on the decks of ships to fix multiple containers” on vessels built by E Co., Ltd.
C Around December 2016, D Co., Ltd. requested D Co., Ltd. to set up a design (hereinafter “instant work”) among the projects to set up the so-called so-called “instant work”), and D Co., Ltd requested the Defendant to do so.
C. On January 1, 2017, the Defendant again requested the Plaintiff to perform the instant work, and the Plaintiff mobilized the human body and completed the installation work of the design for the nine block (G, H, I, J, K, L, M, N, andO) out of the Fho line.
The Defendant paid the Plaintiff KRW 31,500,000 in total as the instant work cost.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 4 and 25, the witness testimony of this court and the purport of the whole pleadings
2. The parties' assertion
A. On January 2017, the Plaintiff agreed to KRW 25,00 per ton of the unit cost of the instant work with the Defendant on KRW 25,00 per ton and started work. However, the Plaintiff notified the suspension of work on February 2017 because it was impossible for the Defendant to continue normal work due to material failure, etc. provided.
Nevertheless, upon the Defendant’s request for the continuation of work, the Plaintiff made a verbal agreement with the Defendant to pay KRW 18,000 per hour on January 2017, with the amount of KRW 35,00,000, and on February 2, 2017, by applying KRW 18,000 per hour.
However, the Defendant did not pay only KRW 31,500,000 out of the working price in January 2017 to the Plaintiff, and did not pay KRW 3,500,000 for the remaining work cost in January 2017, and KRW 60,408,00 for the work cost in February 2017 (= KRW 18,00 per hour x 3,356 hours).
Therefore, the defendant.