A. Defendant B is the owner of a newly-built multi-family housing construction project with the wife population D in Permitted-si.

B. On July 29, 2016, the Plaintiff entered into a contract with Defendant C to enter into a construction agreement with the construction cost of KRW 268,400,00 with respect to the aggregate construction among the construction works of the said multi-family housing (hereinafter “instant construction”) and the construction period from July 15, 2016 to September 30, 2017, and completed the construction.

C. The Plaintiff received KRW 6,000,000 from Defendant B on July 29, 2016 (i.e., KRW 6,000,000,000,000) and KRW 4,340,000 on August 4, 2016, and KRW 24,000,000 on August 10, 2016 (i.e., KRW 6,000,000) (i., KRW 6,000,000 on KRW 6,00,000,000 on KRW 6,00,000,000 on KRW 6,5,000 on February 24, 2017; and (ii) received KRW 30,000,000 on August 15, 2015 in the name of E.

On January 31, 2017, the Plaintiff settled the remainder of the construction cost with Defendant C as KRW 40,000,000, and drafted a “Agreement on Settlement of Subcontract Amount” with the content that the said amount would be paid by February 10, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. Defendant B promised to pay KRW 40,000,000 for the remaining construction cost to the Plaintiff by requesting the payment of the construction cost to the end of the construction work at any time when the construction work is completed to the on-site workers of the instant construction site.

In addition, according to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter referred to as the "subcontract Act"), if there are circumstances in which a contractor is difficult to pay the price to the subcontractor, the subcontractor may request the client to pay the price directly.

Therefore, Defendant B is jointly and severally liable with Defendant C to pay the remaining construction cost of KRW 40,000,000 to the Plaintiff.

B. Defendant B is the owner of the instant construction project.