A. On July 9, 2015, the Defendant entered into a contract with C to set the construction cost of KRW 160 million for the new construction of the instant housing (hereinafter “instant housing”) on the ground-based D-based ground-based (hereinafter “instant housing”). The Plaintiff is a subcontractor of C with regard to the said construction.

B. C’s failure to pay the construction cost received from the Defendant to the subcontractor including the Plaintiff.

Upon the discontinuance of the construction work described in the port, the Plaintiff and the Defendant paid to the Plaintiff a total of KRW 88 million for the construction cost. On December 19, 2015, the Plaintiff entered into an agreement with the Defendant on behalf of C to perform all the construction works related to the foregoing construction works (hereinafter “instant construction works”) on behalf of C (hereinafter “instant agreement”). On the same day, the Defendant paid the Plaintiff KRW 88 million on the same day.

C. On April 11, 2016, the Defendant completed the registration of ownership preservation on the instant housing.

On the other hand, on April 14, 2016, the defendant filed a claim against Jeonju District Court C.

On August 16, 2016, the former District Court rendered a judgment in favor of the Defendant on the ground of the filing of a confession (case number: case number: Jeonju District Court 2016Kadan52185), and the above judgment became final and conclusive on September 3, 2016.

[Ground of recognition] Facts without dispute, significant facts in the court, Gap evidence 1, Eul evidence 1 to 5 (including paper numbers; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. The parties' assertion

A. On January 2016, the Defendant agreed to pay the Plaintiff the construction cost of KRW 19.5 million after completion, and the Plaintiff completed the instant house upon completion of the construction other than the electrical construction during the instant construction. The Defendant completed the ownership preservation registration for the said house.

Therefore, the defendant.