1. The Defendant’s KRW 39,448,798 as well as the annual rate of KRW 6% from June 6, 2013 to January 8, 2014 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a person specialized in the construction of the building safety net and safety facilities in the construction site under the trade name of “C” in Busan-gu, Busan-gu, and the Defendant is a corporation that performs construction works in the Cheongpo-dong, Busan-dong, 31-2.

B. From the Defendant on March 1, 2011, the Plaintiff re-subcontracted the construction work of non-facilities and safety facilities (E block; hereinafter “the instant primary construction work”) that the Defendant subcontracted from the same corporation (hereinafter “the Plaintiff”) to the construction period from February 10, 201 to December 30, 201. The construction cost, once, decided to set a unit price and settle the amount of construction cost in the quantity of the work performed after concluding a contract.

C. On November 201, the Plaintiff re-subcontracted the construction contract amount to the construction contract amount of KRW 316,178,80,800, and the construction period from September 1, 201 to October 30, 2012, among D new construction projects subcontracted by the Defendant from the same company (hereinafter “the instant secondary construction projects”) among D new construction projects subcontracted by the Defendant from the same company, with the construction contract amount of KRW 316,178,80, and the construction period of KRW 300,00. The construction contract amount was settled in the executed volume regardless of the pre-determined construction contract amount.

The Plaintiff completed the instant primary construction work, but due to the dispute over the construction cost, left the construction site on December 2012 without finishing part of the instant secondary construction work.

On December 28, 2012, the same corporation ordered the Defendant to immediately carry out construction works on the grounds that the price of a part of the section was not yet installed in a balcony, balcony balcons, stairs rail, E/V rail, etc., and on January 4, 2013, the construction works did not proceed, and on January 4, 2013, the same purport of certification was issued to the Defendant.

The second construction of the instant case, which was not completed by the Plaintiff, was completed on July 2013 by the same Defendant or the same stock company.

E. Meanwhile, with respect to the second construction of the instant case, the Defendant totaled from January 11, 2012 to January 11, 2013 to the Plaintiff.