A. On July 27, 2011, the Plaintiff issued a tax invoice of KRW 292,479,000 (Evidence No. 7; hereinafter “instant tax invoice”) to the Defendant, on December 30, 2011, in total, KRW 265,890,000 (hereinafter “instant installation work”) on the date of preparation, after the Defendant completed the production and installation of the stove (hereinafter “ON”) that was contracted by the KONND Co., Ltd. (hereinafter “NONN”).

B. The instant installation work was conducted by the Plaintiff in the way that the Defendant prepared expenses incurred in the construction and paid them to the Plaintiff.

C. Meanwhile, in accordance with the contract with the Plaintiff, the Sixx (hereinafter “Sixx”) participated in the instant construction work. In this regard, the Defendant prepared a construction contract form with the Defendant, which provides for construction cost of KRW 80 million (excluding value-added tax) and received construction payment from the Defendant via the Plaintiff. The tax invoice was to be issued in the name of the Plaintiff, and the Plaintiff issued the instant tax invoice including the construction cost of Sixxx, with the intention to issue the tax invoice in the name of the Plaintiff.

From September 6, 2011 to August 31, 2012, the Defendant paid KRW 238,639,850 in total to the Plaintiff and Sixxx.

[Reasons for Recognition] Unsatisfy, Gap evidence 7, 12, Eul evidence 1, Eul evidence 1, witness C and D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion completed the instant installation work equivalent to KRW 292,479,00 (including construction cost of Stex) by inserting materials and human resources under a subcontract for the instant installation work from the Defendant. The Plaintiff acquired the claim for the payment of the construction cost of KRW 20 million from Stex to the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 53,839,150 (=292,479,000 - 238,639,850) and the delay damages.

B. The defendant's assertion is the plaintiff and the defendant.