A. Defendant C is the representative director of Defendant Limited Liability Company B (hereinafter “Defendant Company”).

B. The Defendant Company entered into a subcontract for landscaping works (hereinafter “instant construction works”) among the new construction works D and E limited liability companies.

C. On May 9, 2018, Defendant C prepared a statement of payment (hereinafter “instant statement of payment”) to the Plaintiff on May 9, 2018 (hereinafter “instant statement of payment”) stating that “The price for the illegal disposal of the instant construction site (hereinafter “the price for the instant goods”) shall be paid KRW 40 million as the price for the materials for the establishment and use of a single-lodydy, and the remainder KRW 10 million shall be paid by the end of June, and shall be paid by the end of the first half of 2019.”

The Defendants did not pay KRW 40 million by the end of June, 2018 as indicated in the instant payment memorandum, and the Plaintiff lost the benefit of time by the Defendants. At the time of the formation of the instant payment memorandum, the Defendants filed the instant lawsuit seeking payment of the agreed amount pursuant to the agreement with the Plaintiff (hereinafter “instant agreement”).

The duplicate of the instant complaint was served on the Defendant Company on November 1, 2018, and on November 2, 2018 to Defendant C, respectively.

[Ground of recognition] Unsatisfy, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 50 million and the damages for delay from the day following the delivery of the copy of the complaint of this case to the day of full payment, pursuant to the agreement of this case.

3. The defendants' assertion and judgment

A. (1) The Defendants’ assertion (1) that the Plaintiff, a director of a limited liability company D, received the payment of the construction cost for the additional construction works of the Defendant Company of the instant construction, would have the subcontractor perform the subcontracted construction works for F landscaping works. The amount of KRW 10 million under the pretext of introduction, and the amount of KRW 40 million that the Plaintiff first paid with the price of the instant goods, to G companies, is KRW 40 million.