A. On July 2017, the Defendant received a contract for electrical construction of Ulsan D Factory and mechanical construction from C.

B. The Defendant subcontracted the said contracted electrical construction (hereinafter “instant electrical construction”) to the Plaintiff for construction cost of KRW 129 million.

C. The Plaintiff completed the instant electrical construction and agreed to reduce the construction cost to KRW 5.7 million, and the Defendant or C Company paid KRW 86,144,800 to the Plaintiff’s side as the construction cost.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 10, the witness E's testimony, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the construction price of the instant electrical construction KRW 37,155,200 ( KRW 129,000,000 - KRW 5.7 million - KRW 86,144,80) and damages for delay.

B. The Plaintiff asserted that at the Defendant’s request, the Defendant installed a simple rest room necessary for the instant electrical construction at a factory owned by the Defendant, and claimed for the amount of KRW 3.4 million. However, the evidence submitted by the Plaintiff alone is insufficient to recognize the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 37,155,200 and the amount equivalent to 5% per annum under the Civil Act from May 31, 2018, which is the date following the delivery date of a copy of the complaint in this case, to July 19, 2019, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the judgment of this case, to the day after the delivery date of a copy of the complaint in this case.

3. The plaintiff's claim for the conclusion is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.