A. On February 13, 2018, the Defendant (hereinafter “Non-Party Company”) received a subcontract from Mapo-gu Seoul Metropolitan Government D Lodging Facility Construction Work (hereinafter “instant Construction Work”) for construction costs of KRW 1,355,640,000, and performed the said Construction Work. On August 31, 2018, the Plaintiff succeeded to the status of Non-Party Company.

Until August 31, 2018, the Plaintiff, the Defendant, and the non-party company settled the amount of the flag payment that the non-party company paid to the Defendant at KRW 565,630,000, and agreed to succeed to the obligation to pay the unpaid construction cost at KRW 790,010,00 (including value added tax) to the original value.

B. On December 1, 2018, the Plaintiff entered into a subcontract (hereinafter referred to as “instant subcontract agreement between the Plaintiff and the Defendant”) with the Defendant, under which the settlement agreement on the instant construction work was modified, and the construction cost was KRW 1,065,010,00 (including value added tax) from December 1, 2018 to February 28, 2019.

(c)

The Plaintiff paid the Defendant a total of KRW 957,910,909 out of the construction cost of KRW 1,065,010,000 under the instant contract, and the remainder of the construction cost unpaid is KRW 107,09,091.

(d)

The defendant is against the plaintiff on May 12, 2020.

A claim for the unpaid construction cost, etc. was transferred to E, and the notice of the transfer of the claim was delivered to the Plaintiff at that time.

E is pending in the lawsuit by filing a lawsuit against the plaintiff with Seoul Southern District Court 2020 Abu group 279900.

【Ground of recognition】 The facts without dispute as to Gap’s evidence Nos. 1 through 4, Gap’s evidence Nos. 22 through 25, Eul’s evidence Nos. 1, 2, 11 and 12, and the purport of the whole pleadings

2. The assertion and judgment

A. On February 28, 199, the summary of the Plaintiff’s claim in the items No. 1 of the Defendant’s claim No. 1 of the same section (cost) is the remainder of the Plaintiff’s claim (construction delay) and the construction cost is based on Article 3(4) of the Special Conditions of the Contract in this case; and on February 28, 199, when the construction is not completed, the construction is not completed, the Defendant’s obligation to pay the expenses for the said saving.