1. The Defendant’s KRW 29,662,754 with respect to the Plaintiff and the ratio of KRW 15% per annum from March 29, 2016 to the date of full payment.

1. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, 3, 3, 5, 6-1, 2, and 7, and evidence No. 1, 2, and 7.

On October 31, 2013, the Plaintiff, among the new construction works for multi-family houses on the ground of Eunpyeong-gu Seoul Metropolitan Government, agreed to receive advance payment of KRW 15 million (10,000,000,000 from October 31, 2013 to December 31, 2013 (hereinafter “instant subcontract”). The Plaintiff received advance payment of KRW 15,00,000 (10% of the construction cost within seven days after the commencement of the special agreement) from the Defendant and agreed to receive the payment at the end of each month.

B. The Plaintiff commenced construction work by inserting human parts from November 2, 2013 according to the instant subcontract, but the Defendant did not pay advance payment even after seven days have passed since the conclusion of the instant subcontract and seven days have passed since the commencement of the construction work.

C. Under the Defendant’s promise to pay the construction cost, the Plaintiff continued to perform the said construction until November 2013. According to the instant subcontract, the Defendant did not pay the construction cost at the end of November, but did not pay it. On December 2013, the Plaintiff terminated the instant construction contract and suspended the construction on the ground of the Defendant’s nonperformance of obligation.

From November 2, 2013 to November 30, 2013, the Plaintiff used the sum of KRW 29,62,754,00 as construction cost, the sum of KRW 1,159,00,00 for tin materials for construction, KRW 8,138,754, and KRW 1,40,00 for fire doors, KRW 8,534,00 for labor cost (in the application for payment order, labor cost is KRW 8,543,00,00 for labor cost is stated as KRW 8,534,00,00 according to the evidence of subparagraph 3).

2. Determination as to the cause of action

A. The defendant.