1. The Defendant’s KRW 105,00,000 as well as 5% per annum from November 8, 2014 to October 29, 2015 to the Plaintiff.

1. Facts of recognition;

A. On April 2012, the Defendant received a contract from Nonparty C for the construction of Ulsan-gun D and multi-family house located in Ulsan-gun, Ulsan-gun, and E (hereinafter “instant construction”) for KRW 806,620,000. Around that time, the Plaintiff entered into a subcontract with the Plaintiff for the construction cost of the instant construction works (hereinafter “instant subcontracted construction”) with the amount of KRW 5 million.

B. From April 18, 2012 to August 8, 2012, the Plaintiff lent KRW 50 million to the Defendant.

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

2. Determination

A. The Plaintiff seeking payment of KRW 102,100,000 for the construction cost of the subcontract in this case against the Defendant, and according to the above fact of recognition, the Defendant is obligated to pay the Plaintiff KRW 55 million for the subcontract price.

However, it is not sufficient to recognize that the statement in Gap evidence 3-1 alone exceeds the amount equivalent to the plaintiff's assertion in excess of 50 million won as the defendant's person, and there is no other evidence to prove otherwise.

(On the other hand, the defendant's assertion that the repair cost should be deducted from the construction cost because there are many defects in the subcontracted project executed by the plaintiff, but the defect repair cost should be deducted from the construction cost. However, since the defendant's argument related to the occurrence of the defect is not submitted, it is not accepted without further review. Therefore, the plaintiff's argument is justified within the scope of the above recognition.

B. According to the above facts finding as to the loan claim, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 50 million.

In regard to this, the defendant agreed upon the time limit for return of the above money when the plaintiff and the defendant received the full payment from the owner, but the time limit for return has not yet arrived.