1. The Defendant: (a) KRW 40 million to the Plaintiff and the Plaintiff’s 15% per annum from February 16, 2019 to May 31, 2019; and (b).

1. Basic facts

A. On December 5, 2016, the Defendant entered into a contract for construction works with the Daejeon Local Government Procurement Service by setting the construction cost of KRW 11,915,713,00 and the construction period from December 12, 2016 to October 2, 2018 with respect to D Works ordered by C Office.

B. On March 7, 2018, E Co., Ltd. (hereinafter referred to as “E”) concluded a subcontract with respect to tin works among the aforementioned DD works by setting the contract amount of KRW 748,330,00 and the construction period from March 7, 2018 to October 2, 2018.

C. On March 2018, the Plaintiff entered into a sub-subcontract (hereinafter “instant construction contract”) with E by setting the unit cost of construction for the tamper construction project (i.e., the construction project) as KRW 55,000 per cubic meter (excluding value-added tax and the structural calculation cost, separate from KRW 4 million).

The Plaintiff completed the construction work under the instant construction contract, and E paid the Plaintiff KRW 150 million out of the construction price.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3, Eul 1 through 5, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant agreed to pay the construction price that the Plaintiff E should pay directly to the Plaintiff, the Defendant is obligated to settle accounts for the remainder of the construction price that the Plaintiff had not received from E with respect to the instant construction contract.

The scale of the instant construction contract is not only 1,942 cubic meters, but also 2,980 cubic meters, taking into account three-dimensional work, based solely on the full scale.

In addition, the Plaintiff constructed the additional construction up to 109.5 cubic meters.

Therefore, the defendant is obligated to pay to the plaintiff the construction cost of the instant construction contract 34 million won (=184 million won-150 million won) and additional construction cost of 6.6 million won and damages for delay.

B. The Defendant did not agree to pay the construction cost directly to the Plaintiff by Defendant E.

A Certificate No. 2 is not prepared by the defendant, but E.