1. The Defendant’s KRW 40,400,492 as well as the Plaintiff’s KRW 6% per annum from August 10, 2017 to July 18, 2018.

1. Basic facts

A. On March 18, 2016, the Seocho-gu Seoul Metropolitan Government Development Co., Ltd. (hereinafter “instant construction”) concluded a contract with the Defendant for the construction of a neighborhood living facility (the underground second and fifth floor buildings; hereinafter “instant building”) located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant construction”) for the construction cost of KRW 3,655,80,000 (excluding value-added tax) and the construction period from March 28, 2016 to December 31, 2016.

B. On June 13, 2016, the Defendant issued a subcontract for reinforced concrete construction works among the instant construction works by setting the construction cost of KRW 648,960,00 (excluding value-added tax) and the construction period from June 15, 2016 to September 30, 2016.

C. Between C and C around August 10, 2016, the C and C signed a construction agreement stating that construction cost shall be KRW 439,075,00 of the construction cost for the mold and the part relating to the pump during the instant construction, and the construction period shall be from June 15, 2016 to September 30, 2016.

The Plaintiff leased construction materials necessary for underground floor construction at the construction site of this case at C’s request.

E. On August 27, 2016, the Defendant was affiliated with the MM Construction Housing on the same day.

I prepared a construction-related agreement with the effect that the subcontract is terminated.

F. On September 9, 2016, the Defendant entered into a temporary re-lease agreement with the Plaintiff on the condition that construction materials necessary for construction on the ground floor (total of 800 square meters) among the instant buildings shall be KRW 87,00 per square hour, total of rent of KRW 69,60,000 (excluding value-added tax).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1, 3, 4, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff leased construction materials at the construction site of the instant building that the Defendant performed, but did not receive some rents. The details are as follows.

① The Defendant requested the Plaintiff through C to lease construction materials. Accordingly, the Plaintiff from June 15, 2016 to August 20, 2016.