The judgment of the first instance court is modified as follows. A.

The defendant shall pay to the plaintiff KRW 30,980,00 and KRW 10,980,00 among them.

1. The parties' assertion

A. Plaintiff 1) The Plaintiff is a person performing construction works for steel processing (processing) under a subcontract, and around January 20, 2014, the Plaintiff is a D Construction Work for Daegu C from the Defendant (hereinafter “D Construction”).

Of the instant construction works (the primary construction works, the steel processing works, the other companies, and the Plaintiff’s supplied steel processing works) were subcontracted in the amount of KRW 240,00 per ton from January 22, 2014 to July 17, 2014, and completed construction works of KRW 261 tons in the steel supply volume of KRW 261 tons. The Defendant paid KRW 62,640,00 (=261 x 240,00) out of the price for the said primary construction works (i.e., KRW 261 x 240,00) and paid the remainder KRW 25,240,000 (= KRW 6,2640,000 - KRW 37,40,00) from the Defendant on November 20, 2014, the Plaintiff completed construction works from around 200 to 250,15850 tons in total from around 25,2014.

The Defendant paid 16,695,585 won (=581 ton 58.581 ton x 285,000 won) to E of the Plaintiff’s workers among KRW 1,450,50,500, and KRW 580,200, respectively, and paid 14,084,685 won (=16,695,585 won - 2,610,90).

3) Therefore, the Defendant should pay to the Plaintiff the sum of the construction cost that was paid to the Plaintiff (i.e., KRW 25,240,000 and KRW 14,084,685) and damages for delay. (ii) Defendant did not have concluded a subcontract with the Plaintiff.

Plaintiff

In addition, the plaintiff's assertion that he/she is his/her employee is only an employee who entered into an employment contract with the defendant.

Therefore, the plaintiff's claim based on the subcontract is without merit.

2) The Plaintiff did not properly grasp the quantity of the steel bars it executed in the process of the instant lawsuit, while asserting that the Plaintiff concluded a subcontract for processing assembly works with the Defendant during the instant lawsuit and D works, and did not change its assertion continuously.