A. On August 5, 2015, the Plaintiff was awarded a subcontract by setting the construction period from August 5, 2015 to October 15, 2015 and the construction cost of KRW 170 million from August 5, 2015 to October 15.

B. On October 1, 2015, the Plaintiff was subcontracted by the Defendant Company with the construction period from October 1, 2015 to January 31, 2016, with the construction cost of KRW 12,50,000,000 for the said new construction works.

C. On the other hand, on December 15, 2015, the construction cost of light steel framed construction, such as the above fee and stairs, was increased to KRW 185 million. D.

The Plaintiff completed each of the above projects subcontracted by the Defendant Company within the construction period.

[Grounds for recognition] Gap 1 to 7, 10 evidence (including all of the paper numbers), the purport of the whole pleadings

2. Determination

A. As to the claim against the Defendant Company, the Plaintiff voluntarily recognized the fact that the Plaintiff received KRW 50 million out of the total construction cost of each of the above construction works from the Defendant Company. As such, the Defendant Company is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 147 million and the damages for delay calculated at the rate of 15% per annum from December 10, 2017 to the date of complete payment, as the Plaintiff seeks, from December 10, 2017, the day following the delivery date of a copy of the complaint of this case to the day of complete payment.

B. As to the claim against Defendant C, the Plaintiff, as the actual operator of the Defendant Company, ordered each of the above construction works to the Plaintiff along with the Defendant Company, and the Defendant C, jointly and severally with the Defendant Company, is liable to pay the remainder of the construction cost of KRW 147 million and the delay damages therefrom to the Plaintiff.

However, the evidence submitted by the plaintiff alone is insufficient to admit the above argument of the plaintiff, and there is no other evidence to acknowledge it.

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