1. Of the judgment of the court of first instance, the plaintiff against the defendant B, which corresponds to the following additional payment order:

1. Determination as to the claim against the defendant B

가. 인정사실 (1) 원고는 ‘D’이라는 상호로 샷시, 유리공사 등을 영위하는 자이고, 피고B는 ‘E’이라는 상호로 건축공사 등을 영위하는 자이다.

(2) From around December 2012, the Plaintiff had been awarded a subcontract for the construction work at a construction site of several new buildings located in Ulsan-gu from Defendant B, Ulsan-gu.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

B. The gist of the parties’ assertion (1) The Plaintiff asserts that the construction cost which was not paid by the Defendant B was KRW 110,296,000 as stated in the evidence No. 3 (Transaction Statement) when he subcontracted the construction work several times at the construction site in Ulsan-dong, Ulsan-gu, Seoul-gu.

(2) As to this, Defendant B acknowledged that he subcontracted part of the construction work that Defendant B contracted to the Plaintiff, such as Changho Construction. However, Defendant B asserted that part of the construction claimed by the Plaintiff denied the existence of a subcontract construction agreement, the Plaintiff was not able to complete the construction work, and that Defendant B paid all the construction cost to the Plaintiff.

C. In full view of the following circumstances, the Plaintiff’s portion of the Plaintiff’s claim for the unpaid construction cost (i) did not conflict between the parties, or recognized as having added the purport of the entire pleadings to the entries in the Evidence Nos. 3, 6, and 3 and 10, Defendant B bears the obligation to pay KRW 73,50,000 to the Plaintiff as of July 31, 2015, and there is lack of counter-proof evidence following the foregoing recognition.

① From around December 2012, the Plaintiff continuously contracted for the construction work from Defendant B, and received partial reimbursement from Defendant B at any time while performing the construction work.

② On March 31, 2015, the Plaintiff and Defendant B entered the Plaintiff’s specification of transactions.