A. On January 25, 2016, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant, Kimpo-si City C ground housing, and construction of commercial buildings (hereinafter “instant construction”) with a fixed amount of KRW 638,00,000 for the construction cost (the remainder of KRW 338,00,000 shall be paid in preference immediately at the time of deposit of rental deposit, and if the lease is delayed, it shall be paid within three months after completion).

B. After completing the instant construction, the Defendant obtained approval for the use of the said new building on September 12, 2016, and completed registration of ownership preservation in the name of the Defendant on September 13, 2016.

C. The Defendant paid the Plaintiff KRW 599,485,550 as the instant construction cost, and did not pay the remainder of KRW 38,514,450.

On August 31, 2016, the Plaintiff and subcontractor D (facility company) agreed without raising any objection to the construction agent’s direct payment of 100,000,000 of the construction cost of the instant construction cost to D on September 30, 2016. The Plaintiff agreed that construction agent’s payment of construction cost to D should be deducted from the construction cost that the construction agent should pay to D. And D shall receive the direct payment consent and promptly terminate the instant construction work (hereinafter “instant direct payment consent”), and the Defendant made a direct payment consent to D’s payment of KRW 30,000,00 (the payment of the construction cost as stated in the above paragraph (c)) in accordance with the above direct payment consent.

[Ground of recognition] Facts without dispute, Gap 1-5 evidence, Eul 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the facts acknowledged prior to the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of the construction work of this case 38,514,450 won and damages for delay.

B. The Defendant’s assertion was rejected in the first place.