A. On April 14, 2016, Nonparty D, who runs a construction business with the trade name of “C,” ordered the Plaintiff to “a reinforced soil retaining wall construction work” among “E-U.S. Housing Complex Construction Work”, and the Plaintiff performed the construction work. Nonparty D did not pay KRW 114,441,200 out of the construction cost.

B. Accordingly, the Plaintiff filed a lawsuit against D seeking payment of KRW 114,441,200 for construction price, and received a favorable judgment on February 20, 2019.

C. However, on May 17, 2019, the Defendant, who actually operates the above C as the father of D, prepared a payment memorandum stating that “I would like to pay KRW 114,441,200 to the Plaintiff the balance of the consolidated land retaining wall construction work among the E-U.S. Housing Construction work, I would like to conclude that I would like to pay the Plaintiff the balance amount of KRW 114,441,200 until July 30, 2019 as D’s father and the actual owner.”

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 114,41,200 and the damages for delay at each rate of KRW 12% per annum under the Commercial Act from July 31, 2019 to December 13, 2019, which is the delivery date of a copy of the complaint in this case, pursuant to the above payment termination statement, to the Plaintiff, from July 31, 2019, and from the next day to the day of full payment.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;