A. The Defendant entered into a contract with D Co., Ltd. on December 2015, as the owner of a newly built multi-household house (hereinafter “new construction of this case”), such as Ansan-si, and entered into a contract for the new construction of this case with D Co., Ltd.

The company awarded a subcontract to E for the stone construction among the new construction works of this case, and the company provided a sub-subcontract to the Plaintiff.

B. The Plaintiff completed the stone construction work in early 2017, and the Defendant, regardless of E, had F, a supervisor of the new construction of the instant case, prepare a payment memorandum, regardless of the fact that the Defendant promised to pay 70,190,000 won for the stone construction work, and deliver it to the Plaintiff.

【Fact-finding, Gap evidence 1, Eul evidence 1 (including branch numbers for those with additional numbers), witness F's testimony, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 70,190,000 and the damages for delay calculated at the rate of 12% per annum as stipulated in the provisions of the main sentence of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from April 20, 2019 to May 31, 2019, which is the day following the delivery date of a copy of the complaint of this case. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as stipulated in the provisions of the main sentence of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

As to this, the defendant is not the defendant of the non-party to the contract with the plaintiff, and the defendant agrees to pay 60% of the construction price in cash and 40% of the construction price to the substitute (multi-household) with the defendant, and the cash portion is the plaintiff when the construction price is paid to E with the substitute at the time of completion of payment.