The plaintiff is a corporation with the purpose of packaging construction business, and the defendant is a corporation with the purpose of construction business.

B. (1) On May 26, 2016, the Plaintiff concluded a construction contract under which the Defendant entered into a contract with the Defendant for the construction work (hereinafter “instant contract for the first construction work”). The Plaintiff entered into a contract with the Defendant for the construction work on the package of container (hereinafter “instant contract for the construction work”).

(2) On November 10, 2016, the Plaintiff concluded a construction contract with the Defendant for the construction cost of KRW 37,750,000 with the content that the container package work was contracted by the Defendant (hereinafter “instant construction contract”).

C. The Plaintiff completed the instant 1 and 2 construction.

The Plaintiff received KRW 15 million from the Defendant as the price for the first construction contract of this case.

2. The assertion and judgment

A. According to the above facts finding as to the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 43,100,000 (= KRW 5,350,000 (= KRW 20,350,000 - KRW 15,750,000) and damages for delay, barring any special circumstances.

B. The Defendant’s assertion (1) asserts that the Defendant cannot respond to the Plaintiff’s claim on the ground that the Defendant, as to the instant construction works, finally settled the construction cost of KRW 17 million between the Plaintiff and the Plaintiff, and the Plaintiff received KRW 17 million from the owner A of the instant construction works.

(2) The fact that the Plaintiff received KRW 17 million from the owner A of the second construction project in this case and agreed not to raise any objection against the owner A in the second construction project in this case is not a dispute between the parties, and the Plaintiff received KRW 17 million.

However, only that is the plaintiff and the defendant.