A. On November 1, 2010, the Plaintiff entered into a subcontract for construction works, the construction period of which was from November 8, 2010 to December 25, 2010 and the contract price of which was KRW 120,650,000 (including value-added tax) with respect to the installation of windows and glass (hereinafter “instant remodeling construction works”) among the outside construction works of the Han tower Industry Development Co., Ltd. (hereinafter “Nonindicted Company”) and the remodeling of Madong Building (hereinafter “instant remodeling works”).

B. Meanwhile, on October 13, 2010, the non-party company concluded a construction contract with the Defendant for construction works, the construction cost of which is KRW 52,500,00 from October 15, 2010 to December 25, 2010, and the construction cost of KRW 522,50,000 (including value-added tax) among the remodeling works in this case, and re-subcontracts the Plaintiff. The contract amount of the portion of the windows and glass construction among the construction works entrusted by the non-party company is KRW 124,065,70 (= KRW 112,787,000 x value-added tax).

C. The Defendant paid the non-party company the advance payment of KRW 88 million on October 26, 201, and KRW 165 million on January 31, 201, to the non-party company, but did not pay the advance payment, except for the advance payment, in relation to the Chang Ho Construction.

On December 24, 2014, the non-party company filed a lawsuit against the defendant for construction price claim under this Court 201Gahap65896, and rendered a judgment in favor of the non-party company: “The defendant shall pay to the non-party company KRW 198,178,750, and delay damages therefor.”

(At present, while the appeal is in progress).

The non-party company paid to the Plaintiff a total of KRW 125,80,000,000 in cash and bills, including advance payment of KRW 40 million (the Plaintiff issued a tax invoice causing KRW 125,80,000 in total to the non-party company). However, the Plaintiff paid KRW 14,30,000 in face value, and KRW 1,50,000 in face value, and the promissory notes causing KRW 11,00,000 in face value are not settled, and the non-party company was ordered to commence rehabilitation proceedings on December 26, 201 with no payment of the remainder.

[Reasons for Recognition]