A. The Plaintiff is a company established for the purpose of construction business.

B. On March 18, 2016, the Defendant completed the registration of ownership transfer with respect to land C, D, E, and buildings located on the land (hereinafter referred to as “instant real estate”) located in Dong-dong, Chungcheongnam-do, and Chungcheongnam-do, and implemented the construction project to remodel the instant real estate into a convalescent hospital (hereinafter referred to as “instant remodeling project”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. On April 29, 2016, the Defendant ordered the instant remodeling project to F and G Co., Ltd. (hereinafter “G”).

G entered into a contract with the Plaintiff on June 9, 2016 to subcontract the steel structure and light capacity construction amounting to KRW 230 million (excluding value-added tax) among the instant remodeling construction works, and entered into a contract on July 30, 2016 to reduce the said contract amount by KRW 130 million (excluding value-added tax).

Although the Plaintiff completed construction work by August 15, 2016, the Plaintiff was only KRW 33 million in total.

G on August 31, 2016, the Plaintiff drafted a written statement of direct payment so that the Plaintiff may directly receive the balance of the construction cost from the Defendant, and the Defendant expressed its intention to directly pay the remainder to the Plaintiff.

The Plaintiff may directly file a claim with the Defendant pursuant to Article 14(1)2 of the Fair Transactions in Subcontracting Act. As such, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 113.3 million (i.e., the reduced contract amount of KRW 133 million - KRW 13.3 million - the paid contract price of KRW 33 million).

B. The Defendant entrusted the instant remodeling work to Defendant F and H.

The F entered into a contract with the I who borrowed the name of G on April 29, 2016 to conclude the instant remodeling construction with the I, and I, on June 9, 2016, to subcontract the steel structure and light capacity construction among the instant remodeling construction works with the Plaintiff.