The Defendants are engaged in the business of repairing ship engines, machinery, etc. in the trade name of “C”.

The defendants tried to build a new factory in Gunsan-si D.

around December 2013, the Defendants contracted the construction of the instant plant to F, which had been engaged in construction business under the trade name of “E” (hereinafter “instant construction”). From April 2014, F subcontracted to the Plaintiff the part of the trademark panel construction work among the instant construction works.

However, in the situation that F is unable to pay the subcontract price to the subcontractor including the plaintiff, the plaintiff will complete the printing team construction work after concluding a direct construction contract with the defendants, who are the owner of the newly constructed factory.

Accordingly, on June 18, 2014, the Defendants drafted a construction contract between the Plaintiff and the Plaintiff on the part of the instant construction work with the content that the printing team construction work is awarded to KRW 99,00,000 (including value-added tax).

On July 2014, the Plaintiff completed the construction of the said team, and on June 25, 2014, a tax invoice of KRW 30 million was generated in June 25, 2014, and KRW 69 million in July 28, 2014.

Defendant A paid each of the Plaintiff KRW 30,000,000,000 on May 30, 2014, and KRW 10,000,00 on July 31, 2014.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3, and the fact-finding results of this court's fact-finding with respect to claims for the entire pleadings, the defendants expressed their intent to directly pay the plaintiff construction cost by newly preparing a construction contract agreement on the part of the main body among the construction works of this case between the plaintiff and the plaintiff on June 18, 2014.

Therefore, the defendants are obligated to pay 59,00,000 won, excluding the 40,000,000 won already paid by the plaintiff, among the construction cost of the above panel construction work executed by the plaintiff 99,00,000 won and damages for delay.

As to this, the Defendants have contracted the construction of this case to F.