2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is an individual entrepreneur who conducts a creative construction business under the trade name of “C,” and the Defendant is the owner of the Daegu Northern-gu D ground building (hereinafter “instant building”).

B. Around April 2015, the Defendant contracted a new construction project for the instant building to E with the price of 400 million won, and drafted a written contract for construction works with E with the same content.

C. Since then, E subcontracted part of the construction of the instant building to multiple construction business operators, the Plaintiff commenced the construction of windows and metal works among the construction of the said building (hereinafter “instant construction works”) at the request of E on September 2015, and completed the said construction works at the end of December 2016.

The Plaintiff received from E the payment of KRW 20 million on September 22, 2015, KRW 30 million on January 29, 2016, and KRW 54 million on March 2, 2016 (i.e., KRW 20 million, KRW 30 million on March 2, 2016). During that process, the Plaintiff issued a tax invoice on KRW 88 million on October 27, 2015 on the construction price of the instant title, etc. by having the supplier and the Defendant supplied.

E. From May 2015 to February 2016, the Defendant paid E more than KRW 500 million for the construction cost of the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 1 through 5 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was made with Defendant on October 2016 by entering into a contract for construction works, such as the title of this case, orally with Defendant and completing construction works on or after the end of December 2016, but did not receive more than 54 million won out of the agreed construction cost of KRW 98,962,200 (including value-added tax), so the Defendant is obligated to pay the remainder of the construction cost (=962,200 won - 54 million) to the Plaintiff.

B. The defendant's assertion is that the contract is entered into between E and the new construction of the building of this case.