A. On December 2015, the Plaintiff: (a) supplied metal construction and metal construction among B hotel new construction works; (b) concluded a subcontract with D on part of the said construction works; and (c) agreed D to proceed with the Defendant in the name of the Defendant when concluding the subcontract with D.

B. Meanwhile, the Defendant agreed to employ the above departments, D, and D, and the Defendant agreed to purchase and supply materials necessary for each of the above construction works, and D paid the Defendant the total amount of KRW 40 million (20 million on April 21, 2016, KRW 7 million on May 15, 2016, KRW 300,000 on June 15, 2016, KRW 150,000 on July 15, 2016, KRW 20 million on the price of the construction works received from the Plaintiff as materials.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the overall purport of the entry and pleading in Gap evidence No. 5, it is recognized that the Defendant agreed to indicate the details of the use of the material price to the Plaintiff on September 28, 2016 and to return the money that was not used for the purchase of the material after the settlement of accounts, by October 5, 2016.

The defendant is obligated to pay to the plaintiff 40 million won and delay damages for the failure to disclose the details of use to the plaintiff, unless there are special circumstances.

B. Accordingly, the Defendant asserts that there is no money to be returned to the Plaintiff as the money used for the purchase of materials exceeds KRW 40 million while disclosing the details of the use of the materials during the instant lawsuit. As such, the Defendant asserted that there is no money to be returned to the Plaintiff. As such, the fact that the Plaintiff used the money as specified in the following table among the material cost that the Plaintiff paid to the Defendant via D through D was not in dispute between the parties, or that the money was used for the purchase of materials is recognized by the statements as stated in the Evidence Nos. 1 through 8, 10 through 14, and 18 through 20.