A. On March 201, Defendant C leased a construction business license from Defendant B Co., Ltd. (hereinafter “Defendant Company”) and entered into a contract with Nonparty D (in fact, e) on the construction of the G Hospital Construction Corporation in Daejeon-gu, Daejeon-gu (hereinafter “instant G Hospital Construction”). Around April 201, Defendant C entered into a subcontract with the Plaintiff on the part of the instant G Hospital Construction Project (hereinafter “instant G Hospital”).

B. Around October 14, 2011, Defendant C suspended construction due to the unpaid construction cost of D, etc., and drafted a construction contract with D on December 2011 with respect to the instant G Hospital Corporation.

At the time of the preparation of the aforementioned construction agreement, the part of the instant construction works was adjusted to be KRW 120 million, and the non-party H continued to perform the remaining construction works, and the payment of KRW 110 million was made from D to the defendant C with the payment of the construction cost of KRW 10 million (the amount of KRW 120 million shall be deducted from the material cost guaranteed by D out of the amount of KRW 1220 million), and the defendant C paid to the defendant C with the remainder of KRW 81,861,00 (=10 million - 28,139,139,000 which was already paid by the defendant C to the plaintiff as the construction cost).

C. On April 9, 2012, H completed the construction of the instant G hospital, received the construction payment from D, and remitted KRW 110 million to the head of Nonparty I’s wife J on behalf of Defendant C, and thereafter, Defendant C paid KRW 19,402,801 to the Plaintiff via Nonparty K, who was employed as the head of the site office of the instant G hospital.

On the other hand, around April 201, Defendant C entered into a contract for the construction of the Daejeon Pit Building in the name of the Defendant Company with Nonparty L (hereinafter “M building construction”) under the name of the Defendant Company, by borrowing the construction business from the Defendant Company.