A. The Defendant awarded a contract from February 16, 2012 to February 26, 2013 for the construction period of the sewage culvert rearrangement work (the fourth portion) in the Namnam-gun, which was ordered by the Namnam-gun, and subcontracted the construction of the water supply and drainage work (hereinafter “instant construction work”) to D (hereinafter “D”).

B. When a civil petition was filed from November 201, 2012 due to delayed payment of wages, equipment, etc. while D while performing the instant construction, and the construction has been delayed, the South-gun issued a temporary order to suspend construction to the Defendant on January 22, 2013, and around that time D accepted the construction site at the instant construction site.

On February 7, 2013 due to the payment of part of the overdue wages, etc., the Defendant cancelled the order to suspend the construction work, and resumed the construction work around that time.

C. In operating a restaurant, the Plaintiff supplied food to the employees and the division of the instant construction site. The payment of the meal was made by the Defendant by issuing a tax invoice under the name of the Defendant, and the Defendant sent the food to the Plaintiff’s passbook in its name, and was normally approved until September 2012.

The Plaintiff received only KRW 29,334,400, out of KRW 36,788,00, which was supplied from October 2012 to January 2013 at the construction site of this case, and did not receive KRW 7,453,60, as well as KRW 57,786,00, which was supplied from February 2013 to July 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 11 (including each number; hereinafter the same shall apply), Eul evidence 1 to 3, witness F's testimony, fact-finding inquiry inquiry results with respect to the Nam-gun of this Court, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the Plaintiff supplied food to the subcontractor D under the Defendant’s payment guarantee prior to the suspension of D construction. From February 2013, the Plaintiff directly supplied food to the Defendant. The Defendant supplied the Plaintiff with unpaid food costs of KRW 7,453,600, which the Plaintiff guaranteed.