The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The parties' assertion

A. Summary of the Plaintiff’s assertion 1) The Defendant Co., Ltd. (hereinafter “C”)

) From the Gangseo-gu Seoul Metropolitan Government DD Corporation received painting construction and among the DD Corporation (hereinafter referred to as “instant construction”).

3) The Plaintiff’s oral subcontract (hereinafter “instant subcontract”) to the Plaintiff

(2) On the other hand, the Defendant paid the remainder of the construction cost of the instant case that the Defendant received from C, excluding 3-5% of the construction cost. The construction cost of the instant case was modified due to design change and additional construction work, and the construction period was extended accordingly. Accordingly, the Defendant received an increase in the construction cost through a modified contract with C. (2) The instant construction cost was increased due to the change in the construction volume, construction details, and construction period, and the rise in personnel expenses between them, and thus, the unit price for the construction cost stipulated in the instant subcontract cannot be applied as it is. Therefore, the Defendant paid the Plaintiff labor cost, and the Defendant also

Therefore, the Defendant is obligated to pay the Plaintiff KRW 59,370,000,000, which was paid by the Plaintiff to the Plaintiff from March 2018 to November of the same year.

B. The gist of the Defendant’s assertion and the Defendant concluded the instant subcontract with the Defendant to pay 90% of the amount received from C verbally to the Plaintiff.

Since the volume of the instant construction project increased more than the time of the instant subcontract, but no new type of construction was added, the Defendant would be required to pay only 90% of the amount received from C to the Plaintiff according to the initial agreement, and the Plaintiff would have already repaid the amount exceeding the amount to be paid.

2. As to the instant construction project, the Plaintiff changed the construction volume, construction details, and construction period due to the design change, additional construction works, the Defendant shall pay the Plaintiff labor cost incurred by the Plaintiff in relation to the instant construction project.