A. C Co., Ltd. (hereinafter “C”) contracted with the Defendant for the construction of a housing complex for electric power sources (hereinafter “instant construction”) in Yangsan-si. On July 22, 2018, the Plaintiff entered into a subcontract with the terms that the contract amount shall be determined as KRW 117,000 (excluding value-added tax) per 2,00 among the instant construction works for civil engineering works, reinforcement soil and construction works (hereinafter “subcontract”), and that the total amount shall be calculated and paid after the settlement of the final construction quantity.

B. On October 3, 2018, the Defendant and C prepared a written consent for direct payment of subcontract consideration with the following contents, and agreed on the contents thereof (hereinafter “instant agreement”).

1. Construction name: Civil engineering works (one and two complexes) for the creation of a housing complex for electric power generation in the Yangsan City;

2. Subcontract works: Reinforcement works from among civil engineering works.

3. Subcontractors: E; and

4. Estimated settlement amount: 142,890,000 won (142,890,000 won).

5. The subcontract contract date: The subcontract construction period on July 15, 2018: From July 15, 2018 to October 37, 2018: The contract date for the completion of construction works from July 15, 2018 to October 3, 2018: It agrees to pay directly to the subcontractor the subcontract construction cost in relation to the construction works being executed by the contract date by the Dispute Settlement Bank B (5,00,000 won).

(Provided, That the Reinforcement Corporation shall, in principle, settle the accounts of quantities, and the rest of the business parties shall submit documentary evidence.

C. On the other hand, around October 3, 2018, C issued to the Defendant a written waiver of construction work that “The Defendant shall pay the instant construction work in the presence of the customer, along with the payment by the customer and the unpaid details.”

On October 12, 2018, the Defendant paid KRW 46,797,478 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 8, and 10 (including paper numbers), the purport of the whole pleadings

2. The defendant did not raise any civil or criminal objection against the defendant in determining the defense prior to the merits.