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

A. On March 18, 2015, the Defendant concluded a contract for a construction project with C, setting the construction cost of KRW 450,000,000 and the construction period from March 23, 2015 to May 23, 2013, among the new construction works of a new building on D ground in Geumcheon-gu Seoul Metropolitan Government.

B. The Plaintiff was awarded a subcontract for the steel construction among the aforementioned new construction works by C.

C. On May 15, 2015, the Defendant remitted total of KRW 96,369,902, including the said money, to the Plaintiff, KRW 11,592,20,00, KRW 33,640,00 on June 15, 2015, KRW 26,880,00 on July 14, 2015, KRW 20,239, KRW 2399 on August 18, 2015, KRW 96,369,90 on September 25, 2015, and KRW 11,592,202,00 including the said money.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Eul evidence 1, the whole purport of oral argument

2. Assertion and determination

A. The Plaintiff’s assertion (1) concluded a contract to undertake construction works in total of KRW 151,300,000.

After the Defendant made a verbal promise to directly pay the price of the steel contract to the Plaintiff, the Defendant paid the price of the construction from May 15, 2015.

Since then, the Plaintiff’s claim was suspended due to the suspension of the payment of the construction cost, the Defendant promised to pay the remainder of the construction cost by preparing the written confirmation on September 9, 2015 (No. 3) (hereinafter “instant confirmation”). In fact, on September 25, 2015, the Plaintiff paid KRW 4,369,903 to the Plaintiff.

Therefore, the defendant is obliged to pay to the plaintiff the remaining construction cost of 39,707,798 won and damages for delay.

(2) The Defendant asserted that the instant confirmation document was prepared on the condition that all the parties related to the reinforced concrete construction and the final settlement is made within the scope of the balance to be paid to C.

However, since there is a lack of balance of the payment due to the fact that the payment requested by the field workers, equipment companies, and service companies that the Defendant did not receive money from C more than the payment for the construction work that the Defendant did not pay to C, the amount of the Plaintiff’s construction work stated in the instant written confirmation.