The plaintiff asserts that "C" is a person engaged in the business of manufacturing industrial machinery and steel structure, who has completed the contracted construction work by the defendant, and did not receive 62,000,000 won for the remainder of the construction work, and the defendant prepared and received a cash custody certificate from the defendant. On July 26, 2005, the plaintiff filed an application for a payment order against the defendant to seek payment of the remainder of the construction work with Yangsan District Court 2005,2370, and on September 25, 2005, "the debtor (the defendant in this case)" from the above court (the plaintiff in this case) is paid 62,00,000 won to the creditor and 20% interest per annum from September 11, 2005 to the day of full payment. The above payment order (hereinafter "the payment order in this case") became final and conclusive on September 25, 2005.

B. Damages for delay calculated by the rate of 20% per annum from September 11, 2005 to July 9, 2015 for the above 62,00,000 won are 121,859,726 won.

2. The parties' assertion and judgment

A. As to the Plaintiff’s claim for the payment of the remainder of construction by the instant lawsuit for the interruption of extinctive prescription of the claim for the remainder of construction based on the instant payment order, the Defendant asserted that the Plaintiff was directly awarded construction from the owner of construction who is not the Defendant and the Defendant was acting as the broker, and that the Defendant did not have any obligation to pay the construction price

B. According to Gap evidence No. 2, the defendant prepared and delivered to the plaintiff on April 23, 2003 a cash custody certificate stating that he would pay 62,000,000 won for the remainder of construction until May 2, 2003. According to the above facts acknowledged, the defendant ordered the plaintiff to pay 62,00,000 won for the remainder of construction and delay damages until July 9, 2015.