A. Defendant C Co., Ltd. (hereinafter “Defendant C”) was awarded a contract for the new construction of an apartment house located in Kimhae-si from Defendant B Co., Ltd. (hereinafter “Defendant B”).

B. On January 16, 2014, the Plaintiff entered into a subcontract with Defendant C and the said multi-family housing construction works (hereinafter “instant construction works”) by setting the contract price of KRW 140 million as the construction cost, the construction period from January 16, 2014 to February 15, 2014, and the payment period within 15 days after the completion of the payment period.

C. On February 21, 2014, while the Plaintiff was running the instant construction project, the Plaintiff was hospitalized due to an accident that occurred during another construction site on February 21, 2014, and the instant construction was suspended, and the Plaintiff’s materials, etc. supplied for the instant construction project are equivalent to KRW 18,379,100.

On the other hand, on February 21, 2014, the Plaintiff, the representative director of Defendant C, drafted a written estimate that the amount of wood personnel expenses, equipment usage fees, etc. is five million won.

On October 27, 2014, the approval for use was granted for multi-family housing located in Kimhae-si, which is the subject of the instant construction.

E. On March 9, 2015, the Plaintiff filed a complaint against E by deceiving the construction cost of KRW 50 million prior to the relevant accident by destroying the contract on the ground of the relevant accident and having another company complete the construction work. On March 9, 2015, the Plaintiff was suspected of having been issued by the Busan District Prosecutors’ Office.

F. During the investigation process, Defendant B’s representative director, the ordering person, stated that the F, prior to the commencement of the construction, offered new buildings as security and received loans from the Jinju Savings Bank and directly paid the subcontract price to the subcontractor, including the Plaintiff.

GdoF, who is an employee in charge of the Jinju Savings Bank, stated that he would receive a loan and pay the construction cost directly to the subcontractor such as the Plaintiff.

The HHDoF stated that it would pay directly to the subcontractor the construction cost.