A. The Plaintiff and Han Han-si Construction Industry Co., Ltd. (hereinafter “ Han-si Construction”) were awarded a contract with the owner C for the new construction of the D Apartment in Leecheon-si.

B. On September 5, 2011, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant regarding the structural construction of the said apartment building (hereinafter “instant structural construction”). The main contents are as follows.

Construction period: Contract amount from September 15, 201 to December 30, 2011: KRW 1,80,000 won per cubic month (1,180,000,000) x advance payment for value-added tax of KRW 1,180 (other than the first floor above the ground and the second floor): The construction cost shall be preferentially paid at the time of the sale of the portion completed in accordance with the details and ratio thereof within 15 days from the date of receipt from the project owner who has no order or the contract date.

Provided, That the method of payment shall be the whole amount of the construction cost.

The items and quantities of materials to be paid: In principle, the plaintiff should pay 100% of the total construction amount by 33 square meters per household at the same time as the completion approval is granted, and at the same time, the part of the goods of the defendant shall be 260,700,000 won per household.

In principle, the plaintiff's side shall recover the substitute for the defendant after completion of the aggregate: Provided, That the plaintiff shall pay it in cash.

C. The Defendant completed the structural construction of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1, witness E, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s obligation to pay the construction cost arises. (1) The fact that the Defendant received sewage from the Plaintiff in the amount of KRW 1,180,00,000 for the instant aggregate construction work (excluding value-added tax) is based on the premise that the construction cost was completed. The fact that the Defendant received KRW 300,000 from the owner is not a dispute between the parties. Therefore, the Plaintiff is obligated to pay the Defendant the remainder of the instant aggregate construction work (=1,298,000,000 (=1,298,000,000) - 300,000,000,000,000.