A. Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a model license construction contract with Defendant E Co., Ltd. (hereinafter “Defendant E”), an executory company, and carried out the construction work.

B. On January 19, 2016, the Plaintiff, a corporation that produces and sells models, entered into a supply contract with Defendant C on the production and supply of complex model at KRW 50,000 (including value-added tax).

C. The plaintiff produced the model under the above contract and thereafter installed the model due to the circumstances on the part of the defendant C, following D.

After receiving some payments, as in the same paragraph, the model was set up on October 13, 2016. D.

On October 12, 2016, the Plaintiff received only KRW 11 million out of the above payment from Defendant E, and issued a tax invoice to Defendant E to Defendant E.

E. Defendant C and Defendant E are currently in dispute regarding a model voucher construction contract.

【Ground for Recognition: Unsatisfy Facts, each entry and video in Gap1 through 4】

2. According to the above facts of recognition as to Defendant C, Defendant C is obligated to pay the Plaintiff the construction price and the delay damages therefor.

As to this, although Defendant C suspended the Plaintiff’s model production and supply due to a dispute with Defendant E, the executor, but the Plaintiff directly supplied Defendant E at the request of Defendant E, it is alleged that Defendant C’s claim against Defendant C is unjustifiable. However, the evidence submitted by Defendant C alone is insufficient to recognize the above assertion.

(As seen above, the parties to the supply contract are Defendant C, not Defendant E, and the Plaintiff had already produced the model in accordance with the supply contract, and thus Defendant C cannot be exempt from the obligation to pay the price on the ground of the circumstances with Defendant E. Therefore, Defendant C’s payment of KRW 39,00,000 and its payment to the Plaintiff on December 1, 2016, according to the above supply contract, the price would be claimed by the Plaintiff as of the end of the month after the completion of the delivery and to pay the price at the end of the following month.