A. Defendant B (hereinafter “Defendant B”) indicated in the instant subcontract agreement that Defendant B (hereinafter “Defendant”) was awarded a subcontract with the construction cost of KRW 72,00,000,000 as of March 16, 2016, and as of March 16, 2016 (hereinafter “instant subcontract”) among the E-built construction works constructed on the D ground of Gangwon-gun, Yangwon-gun, the construction cost of which was set at KRW 72,00,000,000,000,000 from March 2, 2016.

3) As of March 23, 2016, the Defendant drafted a re-subcontract agreement with the Plaintiff to re-subcontract the instant painting construction work with the cost of construction KRW 36 million (excluding value-added tax) (hereinafter “the instant re-subcontract agreement”).

4) The Defendant received KRW 15 million in total, including KRW 8 million, from a remitter who uses the name of E-business chain G, etc., of the instant subcontract price, as the total amount of KRW 15 million on March 22, 2016, KRW 200 million on May 19, 2016, and KRW 5 million on June 10, 2016.

B. The Plaintiff transferred KRW 10,000,000 to the Defendant’s account on February 4, 2015, KRW 5 million on February 20, 2017, KRW 28,501,000 on March 28, 2017, and KRW 10,001,00 on July 21, 2017.

2) The Plaintiff transferred the sum of KRW 9.2 million, including KRW 2 million on March 21, 2018 and June 27, 2018, and KRW 5 million on May 31, 2018, and KRW 200,000,000 on August 27, 2018, under the name of the Plaintiff or his/her spouse before taking over the instant lawsuit under the name of H.

3) On March 14, 2020, after the judgment of the court of first instance was rendered, the deceased, who was a co-defendant of the first instance trial, died. The Defendant, as the deceased’s spouse, succeeded to the deceased’s property solely by giving up his inheritance. The Defendant taken over the part of the instant lawsuit against the deceased.

(c)

As of May 14, 2018, the Defendant’s assignment of the Defendant’s claim and the Plaintiff’s filing of the lawsuit (i.e., the Plaintiff’s filing of the lawsuit), and as of May 14, 2018, KRW 54 million out of the construction cost of the instant subcontract to the Plaintiff (hereinafter “instant case”).