A. On March 9, 2016, the Defendant issued a contract to C (hereinafter “C”) for the new construction of accommodation facilities (hereinafter “instant construction”) outside D and three parcels of land (hereinafter “instant construction”) with the construction cost of KRW 1,540,000,000 (including value-added tax; hereinafter the same shall apply). The construction price of the said contract was KRW 1,12,000,000 on March 15, 2016; and KRW 1,060,000 on September 6, 2016; the Defendant paid KRW 130,000,000 on April 28, 2016; and the Defendant paid KRW 10,000,000 on June 24, 2016; and the construction price was KRW 230,000,0000,000 on the instant construction price.

B. However, around September 12, 2016, C prepared a written consent stating the Defendant’s difficult circumstances to manage and requesting the subcontractor to complete the construction work by directly paying the construction cost to the Defendant. The instant construction was suspended on or around December 2016, and the instant construction was completed after the Defendant changed the construction work to E in the instant construction work from April 2017, and completed the construction work after the completion of the construction work after entering into a contract, separate from C’s sewage.

C. Meanwhile, on September 19, 2016, the Plaintiff filed a lawsuit against C seeking payment of KRW 203,862,593, which was not paid out of the price of steel bars, etc. supplied to C from September 29, 2015 to July 31, 2016, with the Busan District Court Branch Branch 2016Kahap1068, which was the amount equivalent to KRW 848,053,60, which was paid from September 29, 2016, and “C from the above court” was sentenced to a judgment of KRW 203,862,593, and from September 23, 2016 to the date of full payment. The above judgment became final and conclusive on January 13, 2017.

On April 21, 2017, the Plaintiff (Seoul District Court 2017TTTT 5657) held against the Defendant in relation to the instant construction project, as to KRW 21,204,876, among the construction cost claims held by C in relation to the instant construction project.