A. On December 27, 2011, the Defendant entered into a contract for the new construction of B apartment units sold by the Defendant (hereinafter “instant apartment units”) with the east General Construction Co., Ltd. (hereinafter “SaB”) on December 27, 201.

B. On September 2, 2013, the Plaintiff entered into a construction contract with a non-party company for the instant apartment construction cost of KRW 528,00,000 and the construction period from September 20, 2013 to September 30, 2013, and completed the said construction.

C. On January 7, 2014, the non-party company entered into a contract with the subcontractor who failed to pay the subcontract price of the apartment of this case to transfer KRW 488,358,508, out of the claim for the construction price of the non-party company against the defendant, and notified the defendant thereof.

(The balance of the claim for the construction cost payable to the defendant by the non-party company is more than the amount claimed by the plaintiff in this case).

The amount transferred by the non-party company to the Plaintiff is KRW 171,00,000, and the Plaintiff notified on January 13, 2014 that the payment of the construction price notified to the Defendant by January 14, 2014 was changed and reached the Defendant around that time.

[Evidence A 1 through 4, the purport of the whole pleadings]

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 171,00,000 won and damages for delay at each rate of 6% per annum as prescribed by the Commercial Act from January 15, 2014 to May 11, 2017, the delivery date of a copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim for conclusion is justified and acceptable.