1. The Defendant’s KRW 31,970,980 as well as 6% per annum from January 20, 2016 to December 2, 2016 to the Plaintiff.

1. Facts of recognition;

A. On August 10, 2015, the Plaintiff entered into a contract with the Defendant on the terms that the temporary fence construction works, earth construction works, and steel reinforced concrete construction works (hereinafter “instant construction works”) shall be KRW 203,50,000 (including value-added tax) for the construction period, from August 10, 2015 to September 20, 2015 for the construction period, and delayed payment shall be KRW 3/1,000 (610,500) for the down payment per day of delay per day.

B. On September 20, 2015, the Plaintiff and the Defendant concluded a contract for the construction of the instant construction contract by October 26, 2015; by not later than two weeks after the conclusion of the contract, KRW 61,050,000 as advance payment; KRW 61,050,00 as advance payment; and KRW 61,050,00 as advance payment after the completion of the contract, after the completion of the construction project, after the completion of the construction project, after the removal of concrete on the fourth floor; after the removal of concrete on the fourth floor; after the removal of the roof concrete; after the completion of the return of temporary materials, after the completion of the construction project, the Plaintiff and the Defendant paid KRW 12,210,00 as advance payment; and after the completion of the construction project, the construction project entered into an agreement to pay KRW 5,500,000 as progress payment within two weeks after the demolition.

C. From August 28, 2015 to November 3, 2015, the Defendant paid the Plaintiff KRW 97,680,000 in total as the construction cost of the instant case.

On November 27, 2015, the Plaintiff completed the instant construction work.

E. Meanwhile, on the other hand, on December 28, 2015, the Plaintiff drafted a written agreement of non-acceptance of subcontracting with the purport that each of the above companies can receive the temporary materials and wages (including the costs of non-intermediating construction) necessary for the instant construction from the Defendant, and subsequently, the Defendant directly paid KRW 8,800,000 as the subcontract price on January 9, 2016.

[Grounds for Recognition: Evidence Nos. 1, 2, Evidence No. 4-1 through 6, Evidence No. 12, each entry of Evidence No. 3-1 through 9, and Evidence No. 7, each video of No. 3-1 through 7, witness B, and C, the purport of the whole pleadings and arguments]

2. Determination.