가. 원고는 샷시 및 창호공사를 하는 회사이다.

Defendant B is the owner of a construction project that constructs a “E” building (hereinafter “instant building”) on the land of Ansan-si and 13 parcels, and Defendant C is the husband of Defendant B.

B. On April 23, 2015, Defendant B entered into a contract with F Co., Ltd. (hereinafter “F”) under which the construction of the instant building was awarded to KRW 4,290,000,000. The details are as follows.

The date of commencement: The scheduled date of completion on May 1, 2015: Three percent of the warranty bond rate for defects, and the rate of liquidated damages for delay for the defect liability of three years: Matters under a special agreement of 0.01 percent of the contract amount per day for defect liability: The construction shall be completed in accordance with the construction drawings, and the items of estimates shall be completed in accordance with the construction and the completion of construction without additional matters.

C. On July 6, 2015, the Plaintiff supplied 418,000,000 won for the portion of metal, windows, and glass construction (hereinafter “instant construction”). The Plaintiff drafted a direct payment agreement between the Plaintiff and Defendant B and the third parties on September 30, 2015, by having Defendant B pay the Plaintiff KRW 418,00,000 for the said subcontract price.

After that, on November 5, 2015, F paid the Plaintiff KRW 50,000,000 out of the construction cost, and later, on December 4, 2015, F entered into a subcontract agreement with the Plaintiff to increase the former construction cost of KRW 418,00,000 to KRW 437,80,000.

E. On the other hand, on December 10, 2015, Defendant C drafted and ordered to the Plaintiff, under his own name, a rectangular note stating that “I will directly pay KRW 566,600,000 for the construction cost of the instant building with the metal and creative construction work” (hereinafter “instant rectangular note”).

F. On December 21, 2015, F inspected the completion status of the instant construction with the Plaintiff, and prepared and executed a construction completion certificate to the Plaintiff, and Defendant B paid KRW 30,000,000, out of the construction cost to the Plaintiff on February 5, 2016.

(g) the defendant.