A. On November 28, 2018, an agricultural company E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) received a contract amount of KRW 2,893,00,000, and the contract period from November 28, 2018 to November 28, 2019, for the public works of facilities, structures, and electrical construction (hereinafter “related construction”) on one parcel of land, F, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and one another.

B. The Plaintiff paid 600,000,000 won for the construction cost of the relevant construction works among the related construction works by the Nonparty Company. After completing the civil construction works, the Plaintiff was paid 600,000,000 won for the construction cost from the Nonparty Company.

C. On the other hand, around May 1, 2019, the Defendant requested the Plaintiff to perform construction works installing fences at the construction site of the instant construction site (hereinafter “instant construction”). The Plaintiff subcontracted the instant construction to the J, which is mutually named “I” from H at the time of the advancement of the construction project, with the name of “I”.

The J completed the instant construction, and filed a claim with the Defendant for KRW 95,912,00 in total, KRW 75,600,000 on June 1, 2019, and KRW 20,312,00 on December 31, 2019, but failed to receive the said money from the Defendant.

E. Meanwhile, on May 7, 2020, the Plaintiff paid the instant construction cost of KRW 95,912,00 to J, and acquired the instant construction cost of KRW 95,912,00 from J to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including additional numbers), Eul evidence 1, the purport of the whole pleadings and arguments

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 95,012,000 and the damages for delay calculated at the rate of 12% per annum from March 17, 2020 to the day of complete payment, which is the day following the delivery of the instant payment order, to the day of full payment.

3. Judgment on the defendant's assertion

A. The defendant's assertion does not have concluded any contract related to the instant construction project with the plaintiff.

The defendant on November 2018.