A. On April 2017, the Defendant was awarded a contract to “a structure construction work from among D&D expansion works” by a police officer C limited liability company.

B. On April 19, 2017, the Plaintiff accepted a subcontract for the part concerning steel processing and assembly (hereinafter “instant construction”) among the above structure from the Defendant to KRW 320,000 per ton (including materials and expenses). From that time until November 20, 2017, the Plaintiff performed construction work equivalent to KRW 273,280,000 (320,000 x 854 tons) of the construction cost.

C. The Plaintiff was paid KRW 239,696,50 among the instant construction cost by C or the Defendant, but the remainder of KRW 33,583,500 was not paid.

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

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the remaining construction cost of KRW 33,583,500 to the plaintiff, unless there are special circumstances.

B. (1) The defendant's assertion on the defendant's assertion (1) around October 2017, the defendant prepared a letter of waiver of construction for the above structure works and left the construction site. After that, the plaintiff succeeded to the construction contract between the defendant and C as it is and completed the construction of the above structure, the defendant has no obligation to pay the construction cost of this case.

(2) In full view of the purport of the argument in Gap evidence No. 1, the construction cost of this case is acknowledged that the construction cost of this case was the construction cost for steel processing and assembly work already performed by the plaintiff before the defendant expressed his intention to waive the above structure construction work to Eul.

Even if the Defendant renounced the above structure, the Defendant’s obligation to pay the construction cost related to the construction already implemented by the Plaintiff, who is its sub-subcontractor prior to the waiver of the construction work, shall be exempted, and unless the Plaintiff gives consent thereto, the Defendant shall still bear the obligation.

C is exempt from the Defendant’s obligation to pay the instant construction cost, and the Plaintiff.