1. The Defendant’s KRW 47 million to the Plaintiff, as well as 6% per annum from June 1, 2015 to October 25, 2015.

1. Basic facts

A. On December 26, 2014, the Defendant awarded a contract for the construction of gas stations and automobile maintenance factories located in the Jeonpo-ri 272 Jeonpo-ri, Gopo-si, Kimpo-si, Kimpo-si, and ordered the Plaintiff to the construction cost of KRW 649,00,000 among the above construction cost.

B. As the Plaintiff was not paid the construction cost due to the previous construction from the original construction date, on May 2015, the Plaintiff demanded the Defendant, the owner of the construction, who was the owner of the construction, to take measures while suspending the installation of the original panel at the beginning of May 2015. The Plaintiff received a written confirmation (Evidence A 4) from the Defendant, and completed the construction again.

No. 727 of the Chopo-ri in Gyeonggi-do: The owner of the building (including value-added tax) shall pay the amount calculated by subtracting the amount already paid out of the amount equivalent to 80% of the above total amount of the price, whichever is below, to the construction of the current industry through the construction of the raw source as of May 31, 2015, as follows:

80% of the total price: 519,200,000 won (including value-added tax): The price for the confirmation of payment of KRW 345,200,000 (including value-added tax): 174,00,000 (including value-added tax);

C. The Plaintiff is a person who has received the remainder of 47.2 million won, excluding the remainder of 17.2 million won, out of the payment confirmation amount of 174 million won in the above written confirmation (Evidence A4).

【Ground for Recognition: Evidence No. 1, Evidence No. 2, Evidence No. 4, and the purport of the whole pleadings】

2. The parties' assertion

A. The Plaintiff agreed to pay a total of KRW 174 million through the construction of a flag based on the instant written confirmation. As such, the Plaintiff did not receive KRW 47.2 million from the construction of a flag, the Defendant asserts that he is liable to guarantee that the Plaintiff is liable to pay a total of KRW 47.2 million, which is the difference.

B. As to this, the Defendant paid the construction cost from the owner’s standpoint to the contractor, and thereby, the Plaintiff paid the subcontract price from the original construction.