A. On March 26, 2015, the Plaintiff entered into a subcontract construction contract with the Defendant regarding the construction of reinforced concrete (hereinafter “instant subcontracted construction”) among the new construction works of the Gosung-gun B convalescent Hospital (hereinafter “instant subcontracted construction”) ordered by the Defendant, with the construction period from March 26, 2015 to October 30, 2015; and the subcontract construction contract with the construction amount of KRW 761,750,000 (hereinafter “instant subcontract contract”).

B. The Plaintiff was paid KRW 126,00,000 as the construction price under the instant subcontract construction contract by the Defendant.

C. The instant subcontracted project was suspended on June 20, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. Since the Plaintiff completed at least 87% of the subcontracted construction of this case, the construction cost to be received from the Defendant is KRW 662,722,50 (=71,750,000 x 87%).

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 536,722,50 (=662,722,500) and damages for delay therefrom. Although the Plaintiff’s seal is affixed to a direct payment agreement for subcontract consideration, the Plaintiff’s seal is affixed to the Plaintiff. However, the Plaintiff’s seal affixed to the seal and the seal, deposit account, and date column of the Defendant and the client at the time of delivery of the seal affixed to the Defendant, and thus, the said direct payment agreement is invalid.

On April 13, 2015, there was an agreement to invalidate a direct payment agreement of subcontract consideration.

B. On March 24, 2015, there was a direct payment agreement between the Plaintiff, the Defendant, and the ordering person A, and thus, the Defendant’s obligation to pay the subcontract price to the Plaintiff was extinguished.

3. Determination

A. In full view of the results of appraiser C’s appraisal and the purport of the entire pleadings, the fact that the construction period of the subcontracted project in this case is 76.06%, and the period of the construction work is 579,387,050 won (=761,750,000 x 76.06%) can be acknowledged, and the fact that the Plaintiff received the construction payment from the Defendant is 126,00,000 won.