A. On January 9, 2013, the Plaintiff entered into a construction subcontract with the Defendant to accept the construction cost of KRW 129,80,000 (including value-added tax) with the construction cost of KRW 129,80,00 (hereinafter “instant construction”).

B. Although the Plaintiff completed the instant construction work, it did not receive KRW 73,800,000 from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 73,800,000 and the damages for delay calculated at the rate of 20% per annum from April 2, 2014 to the date of full payment, which is the day following the delivery date of a copy of the complaint in this case.

B. The defendant's assertion (1) asserts that when the plaintiff purchases construction materials from C Company D, the amount of KRW 60,000,000 guaranteed by F, the representative director of E, the owner, should be deducted from the remainder of construction cost of KRW 73,80,000.

Comprehensively taking account of the overall purport of the pleadings in each statement in the evidence No. 3-1 and evidence No. 3-2 of this case, F may recognize the fact that F has jointly and severally guaranteed the Plaintiff’s obligation to pay for the goods to D within the scope of KRW 60,000,000, and F has paid KRW 41,000 to D around June 10, 2013 according to the above joint and several surety, and the Plaintiff filed a claim for KRW 41,00,000 and KRW 15,00,000, which was paid by the Defendant, for the balance of KRW 129,80,000 as stipulated in the contract of this case after deducting the construction cost of KRW 129,80,000 under the contract of this case from KRW 129,80,000.

Therefore, F is not allowed to deduct 41,00,000 won paid to D because it was already deducted from the construction cost, and the remainder of 19,000,000 won can be deducted solely on the ground that F is a joint and several surety unless it was actually spent.