A. On May 30, 2008, the Defendant’s husband C concluded, on behalf of the Defendant, a contract on the construction of a new construction of an accommodation facility of 9 stories above 459m2 (hereinafter “instant construction”) on behalf of the Defendant, which is owned by the Defendant, to a smuggling construction (hereinafter “instant contract”). Around May 30, 2008, the contract was concluded between the Defendant’s husband and the Saturdays Construction Co., Ltd. (hereinafter “ Saturdays”), and the construction cost under the said contract was KRW 1.3 billion and the construction period was from June 1, 2008 to February 1, 2009.

B. Meanwhile, as between May 20, 2008 and the Plaintiff who runs the electrical construction business, a contract was concluded under which the part of the instant electrical construction (hereinafter “instant electrical construction”) was subcontracted to the Plaintiff (hereinafter “instant subcontract”). The contract was set forth as KRW 119,336,80 for construction cost and construction period from May 22, 2008 to November 30, 2008.

However, the above contract (A evidence) has the name and seal of the defendant, the owner of the building, and the name and seal of the defendant's husband C as joint and several surety in addition to the name and seal of each representative director of the subcontractor.

C. The Plaintiff, even after the completion of the instant construction, was unable to receive KRW 85 million for the subcontract price for the said electrical construction, filed an application for provisional seizure against real estate in the Gwangju District Court Decision 2009Kadan4263 on October 26, 2009 with respect to the pertinent building owned by the Defendant, and completed the same day entry registration after receiving a provisional seizure order on October 19, 2009. However, the said provisional seizure registration was revoked on November 18, 2009 by withdrawing the said provisional seizure application.

On June 23, 2010, the Plaintiff filed a lawsuit against Hosk Construction claiming for payment of the unpaid amount of KRW 65 million out of the subcontract price for the instant electrical construction (construction price). The Plaintiff thereafter reduced the claim of KRW 32 million from the amount of KRW 32 million to November 19, 2010.