1. The Defendant shall pay to the Plaintiff KRW 31,40,910 and interest rate of KRW 15% per annum from September 7, 2016 to the date of full payment.

1. Basic facts

A. The defendant is the representative of the incorporated association C (hereinafter “the Association of this case”).

On February 7, 2015, the instant Association awarded a contract to the Plaintiff for the construction of the facility part among the construction of the swimming pool of the first floor underground of the building in Jung-gu, Seoul (including value-added tax) in KRW 82,50,000,000 (including the value-added tax), and the construction of the other part was cancelled under mutual agreement due to the circumstances, such as the financial difficulties of the instant Association, etc., in which the construction was partially carried out (a state of KRW 21,420,000 in KRW 4.810,00).

B. The Plaintiff received KRW 50,1250,00 (including value-added tax) from the Association as to the above part of the facility works until now, and was not paid the remainder of the facility works and the construction cost already executed with respect to other works.

C. As the Plaintiff was unable to receive the construction payment from the instant association, the Plaintiff suspended construction upon demanding the payment of the construction payment for the already completed portion. Accordingly, the Plaintiff discussed the measures for the Plaintiff’s resumption of construction by participating in the Plaintiff’s representative director G, directors H, and participants I, J, K, etc. of the instant association in the coffee shop (hereinafter “instant coffee shop”) called “F” located on the first floor of the D Building underground swimming pool building in the instant association director E, April 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 21, Eul evidence 1, witness E, H, I, and K's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff: (a) the unpaid amount of the construction work that was settled between the Plaintiff and the instant association is KRW 31,400,910 (hereinafter “the instant settlement amount”); and (b) the Defendant agreed to pay the said settlement amount based on the payment guarantee (hereinafter “the instant payment guarantee”) prepared and issued by the Plaintiff on April 4, 2016, and thus, is obligated to pay the said amount.

B. Defendant: The Defendant did not know of the instant payment guarantee (A6) and did not issue the instant payment guarantee to the Plaintiff.