A. On October 15, 2018, the Defendant issued a subcontract (hereinafter “the subcontract in this case”) to the Plaintiff on October 15, 2018, setting the amount adjusted at the end of each month to be paid by the end of the following month, with the amount adjusted as at the end of each month.

B. Following the Plaintiff’s said subcontract, KRW 66,50,00 for the construction work on November 2018, and KRW 95,700,00 for the construction work on December 2018, and KRW 95,700 for the construction work on January 2019, KRW 71,50,000 for the construction work on April 2019, and KRW 71,500 for the construction work on April 2019, and KRW 121,00,000 for the construction work on May 2019, and KRW 41,250,00 for the construction work on June 2019.

C. The Defendant paid to the Plaintiff only the portion corresponding to the construction work from November 2018 to January 2019, among the above progress payment.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff a total of KRW 233,750,000 due to construction works from April 9, 2019 to June 2019 (i.e., KRW 71,50,000 + KRW 121,00,000 + + KRW 41,250,000 + 41,250,000), and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from October 9, 2019 to the day of full payment, which is the day following the day when the original copy of the instant payment order was served (the last day of the month following the relevant construction works) sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. If the defendant did not receive the progress payment from the ordering person, the purport of the assertion was that the due date under Article 36(2) of the Standard Form Subcontract for Construction Business has not yet arrived.

B. In full view of the overall purport of the pleadings in the descriptions of Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, Article 36 of the standard subcontract agreement (the main text) attached to the instant subcontract is as follows.