1. The Defendant’s KRW 39,00,000 as well as the Plaintiff’s annual rate of KRW 6% from September 1, 2017 to September 11, 2019, and the following.

1. Facts of recognition;

A. The Defendant is a contractor who performed a contract with the owner C for the construction of a tourist hotel in Jung-gu Incheon Metropolitan City D ground (hereinafter “instant construction”)

B. On February 2017, the Plaintiff was awarded a subcontract to the instant construction project from E, a field manager of the instant construction project, who is an employee of the Defendant.

C. On May 2, 2017, the Plaintiff received KRW 10,000,000 from the Defendant. On June 30, 2017, the Plaintiff issued a tax invoice on KRW 22,00,000,000 of the subcontract price (i.e., value-added tax of KRW 20,000,000,000) to the Defendant. On July 20, 2017, the Plaintiff received additional KRW 10,000,000 from the Defendant.

On August 2017, the Plaintiff completed the subcontracted project, and settled the subcontract price of KRW 57,00,000 (excluding value-added tax) between E and E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, since the Plaintiff received a subcontract from the head of the Defendant’s site manager, who has a partial comprehensive power of attorney regarding the conclusion of the subcontract and the payment of the construction cost of the instant project, and settled the subcontract price of KRW 57,00,000 between E and E, the Plaintiff is obligated to pay the Plaintiff the amount of KRW 39,00,000 (=57,000,000 - value-added tax 2,000,000 according to the tax invoice as of June 30, 2017, which the Plaintiff seeks after the completion of the construction, and the Plaintiff is obligated to pay the Plaintiff damages for delay at the rate of KRW 6,00 per annum as stipulated in the Commercial Act from September 1, 2017 to September 11, 2019, the original copy of the instant payment order from the next day to the day of full payment.

B. As to this, the defendant only entered into a contract with the owner C on the swimming work.