According to the statement in Eul 4, since the beginning of the construction period was January 27, 2018, it seems that he was contracted around January 2018.

The Defendant awarded a contract to the Plaintiff for construction and dismantling of temporary materials among the above reinforced concrete construction works (hereinafter “instant construction”). The Plaintiff completed the instant construction from December 2, 2018 to January 2019.

The Plaintiff was not paid KRW 39,879,070 from the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 5, purport of the 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 to the Plaintiff the construction cost of KRW 39,879,070 of this case and the damages for delay calculated by the rate of 12% per annum from August 21, 2019 to the date of full payment, which is the day following the delivery of the complaint filed by the Plaintiff.

B. The defendant's assertion argues that the plaintiff cannot respond to the plaintiff's claim, since the plaintiff received all of the construction cost of this case from the original plaintiff D.

There is no evidence to acknowledge that the Plaintiff received the instant construction cost from D.

Comprehensively taking account of the purport of the entire arguments in Gap 3, 4, and 6, the amount paid by Eul to the plaintiff is acknowledged as the construction cost for the portion for which D requested direct treatment to the plaintiff and the construction cost under a separate contract between D and the plaintiff.

The defendant's above assertion is not accepted.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.