1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s basic facts, around August 3, 2016, subcontracted D elementary school and Emiddle school painting construction from Defendant Company (Co., Ltd. before the change: C) to the first day of September 2016, and had a painted construction work. The Defendant filed a lawsuit against the Plaintiff seeking payment of wages directly paid to the Plaintiff’s daily workers as the immediate contractor, and the Plaintiff filed a lawsuit claiming reimbursement of reimbursement amount of KRW 5,300,000 and delayed payment damages therefor, etc. on which the decision of performance recommendation became final and conclusive on January 3, 2017 between the parties, or recognized by the statement of evidence No. 2.

2. The parties' assertion

A. When the Plaintiff and the Defendant concluded an oral contract for painting construction work, they promised that the construction cost shall be based on the general transaction price for expenses, such as personnel expenses, material expenses, and other food expenses.

Since the Plaintiff required at least KRW 50,000,000 while carrying out construction, the construction cost of this case reaches at least KRW 50,000.

Since the Plaintiff received only a part of the Defendant’s payment from the Defendant, the Plaintiff first seeks payment of the remainder of the construction cost of KRW 30 million and its delay damages.

Meanwhile, the Defendant’s wage of KRW 5,300,000 paid to the Plaintiff’s employees is merely the amount included in the construction cost to be properly paid, and thus, the Defendant is not entitled to claim reimbursement against the Plaintiff. Therefore, the Defendant is denied compulsory execution based on the final decision of performance recommendation

B. According to the unit price generally applied by the Defendant at the beginning, the construction cost of this case alleged by the Defendant is the sum of KRW 18,000,000 (the sum of KRW 3,500,000,000,000,000 in the foreign wall page work unit price of KRW 18,427,500 = 265 = 16,50,000 in the case of E secondary schools) and the sum of KRW 2,000 in the case of E secondary schools plus KRW 16,50,00 in the case of E secondary schools, = 10,492,60 in the case of = 10,00 won in the case of E secondary schools and KRW 3,00 in the work unit price for the prevention of abortion.