2. The costs of lawsuit shall be borne by the Plaintiff.

The Defendant’s assertion was known that the actual contractor of the instant construction is C in which the Defendant Company was the Defendant Company’s director, and even if not, the Plaintiff agreed to receive KRW 80 million out of the construction cost from the Defendant and to receive the remainder of KRW 35 million from C. Thus, the Defendant did not comply with the instant claim.

Judgment

According to the statement in Gap evidence No. 1, the defendant, on February 24, 2013, made a subcontract agreement for construction works with the content that the construction works will be subcontracted to the plaintiff among the new construction works of building B, and the plaintiff is found to have completed the above construction works, but in full view of the entries in the evidence Nos. 1 and 2 and the purport of the whole pleadings, it is recognized that the plaintiff issued to the defendant on August 1, 2013 with the defendant's promise that "the construction works are executed by the defendant's ignsung branch's regular director and the contract is executed by the defendant's Gohap branch's 1,55 million won out of the unpaid amount of KRW C's regular director's KRW 8,000,000,000,000 won, and the remaining 35,000 won was paid to the plaintiff individually, and the defendant did not claim construction expenses not paid to the defendant in one year after executing the construction works."

In light of the contents of the above letter of commitment, the plaintiff seems to have known that the actual party to the contract was C, and even if not, the plaintiff is liable to the defendant for the remaining KRW 35 million by issuing the letter of commitment to the defendant.