A. The Defendant was awarded a contract for the civil engineering work performed by the Korea Rural Community Corporation in order to repair and repair the irrigation facilities in the B district.

B. On January 19, 2016, the Plaintiff and the Defendant agreed to pay the balance within 15 days after the completion of the subcontracted project, with the payment of KRW 42 million for the subcontracted project (excluding value-added tax). On January 19, 2016, the Plaintiff and the Defendant paid KRW 50,000,000 for the subcontracted project, and the Plaintiff shall commence the subcontracted project and complete the project within 15 days from the date of commencement of the subcontracted project, and the Defendant agreed to pay the balance within 15 days after the completion of the subcontracted project.

(hereinafter “instant subcontract agreement”). C.

The Defendant paid KRW 23.1 million to the Plaintiff on January 21, 2016 under the instant subcontract agreement, and the Plaintiff completed the instant subcontracted project on February 10, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 23.1 million out of the subcontract price and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 28, 2016 to the date of full payment, as the Plaintiff seeks.

B. The judgment on the defense is that the subcontracted work of this case is included in reinforced concrete construction among the above civil works subcontracted by the Defendant to the oil construction company (hereinafter “oil construction”), and thus, the Plaintiff was sub-subcontracted from oil construction. Since the Defendant paid the subcontract price to oil construction, the Plaintiff should claim the payment of subcontracted construction cost to oil construction.

Gabs, B, 2.