2. The Defendant: (a) KRW 40,000,000 for the Plaintiff and its related thereto from January 1, 2014 to November 1, 2015.

A. The Defendant, as a management director of C Co., Ltd. (hereinafter “C”), was in charge of dealing with the subcontractor’s business, and was registered as C’s internal director from March 31, 2010 to March 31, 2013.

B. The Plaintiff was awarded a subcontract with C on several occasions according to the Defendant’s arrangement, and received a total of KRW 111,752,700 from August 201 to August 2012 from C.

C. Meanwhile, on November 14, 2013, the Defendant prepared five copies of a promissory note, respectively, at par value of KRW 10,000,000, and on December 31, 2013, and delivered the instant promissory note to the Plaintiff, respectively (hereinafter “instant promissory note”).

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 2 to 5, purport of the whole pleadings

2. The Plaintiff asserted that the construction contract entered into with C was concluded between July 201 and September 2012, the Plaintiff paid a total of KRW 111,752,700 from July 201 to September 201. By August 22, 2012, the Plaintiff merely received KRW 111,752,700, out of the subcontract construction cost from C, and was not paid KRW 82,750,30, and thus urged the Defendant and C to pay the unpaid construction cost.

On November 14, 2013, the Defendant promised to pay KRW 50,000,000, out of the construction price payable to the Plaintiff, and prepared the Promissory Notes in this case and delivered them to the Plaintiff with a printed seal. On February 10, 2014, the Defendant remitted KRW 10,000,000 to the Plaintiff in the name of D.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 40,000,000 and the delay damages, out of the construction price payable to the Plaintiff pursuant to the above agreement.

3. Determination

A. In full view of the following circumstances, the Defendant shall prepare and deliver the Promissory Notes to the Plaintiff and deliver them to the Plaintiff, with the absence of dispute between the parties concerned, or with the entire purport of the statements and arguments set forth in the Evidence Nos. 3, 5, 7, and 8, the Defendant shall pay KRW 50 million for the construction cost under the subcontract construction contract with C.