A. On June 1, 2011, the Plaintiff received a supply of reinforced concrete construction cost of KRW 960,000,000 from the Defendant among the new apartment construction works (hereinafter “instant construction works”) from the Defendant, and agreed on the settlement of construction completion by setting the construction cost to KRW 952,150,000 with the Defendant around 2012.

B. The Plaintiff completed the instant construction on September 30, 2012, and the Defendant paid KRW 908,590,000 to the Plaintiff by November 1, 2012.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 7, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 43,560,000 (payment settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement

3. As to the defendant's defense of repayment

A. The summary of the Defendant’s defense 1) The representative director D of the Plaintiff against the Plaintiff’s right to claim payment (righting representative) delegated all of the outstanding amounts of the instant construction payment to F and G to F and G on September 20, 2012. Accordingly, the Defendant paid KRW 43,00,000 in total to F and G, who are the Plaintiff’s trustee, and thus, paid all of the construction payment to the Plaintiff. 2) Even if the Plaintiff did not have the power to claim the outstanding amount to F and G, the Plaintiff expressed its intent to delegate the right to claim the outstanding amount to receive the outstanding amount to F and G as stated in the foregoing 1.

Therefore, in accordance with Article 125 of the Civil Code, the effect of the Defendant’s repayment of the outstanding amount to F and G, an expression agent, is also on the Plaintiff, and the Defendant paid all the construction price to the Plaintiff.

(b).