1. The Defendant shall pay to the Plaintiff KRW 33,536,00 and the interest rate of KRW 15% per annum from June 14, 2016 to the day of complete payment.

1. Facts of recognition;

A. On April 2015, the Plaintiff, as a personal entrepreneur operating C, was awarded a subcontract for reinforced concrete construction work (hereinafter “instant construction work”) from D Co., Ltd. with the representative director of D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) during the period of construction of the five-story multi-family housing on the ground of the five-story and two parcels, namely, construction cost of KRW 275 million (including value-added tax; hereinafter the same shall apply) and the construction period from April 14, 2015 to June 20, 2015.

B. The timing and conditions for advance payment and progress payment during the above subcontract are as follows:

(1) Advance payment of KRW 22 million shall be made within 10 days after the conclusion of the contract.

(2) 10 million won for progress shall be paid 77 million won after the 3rd anniversary of the slivement of the third floor slive, and 33 million won after the slivement of the 3rd floor slive, and 55 million won after the 3th floor slivement of the 3rd floor slives and the slives of the 3rd floor slives.

C. On July 28, 2015, the Defendant: (a) prepared and issued a direct rejection of payment that the Plaintiff would pay a total of KRW 22,838,00,000,000,000 to the outstanding amount at the pre-existing transaction site in relation to the payment of the construction price to the Plaintiff of the non-party company; and (b) KRW 24,380,000,000,000,000,000,000,00

After that, the Plaintiff received a total of KRW 194,844,00 among the above KRW 22,8380,000 from the Defendant and the Nonparty Company, and was not paid KRW 33,536,00.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1-2, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant calculated the amount of KRW 33,536,00 due to the instant immediate rejection (hereinafter “instant contract amount”) and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 14, 2016 to the date of full payment, as the Plaintiff seeks.