1. The Defendant’s KRW 42,032,573 as well as the Plaintiff’s 15% per annum from February 27, 2019 to May 31, 2019, and the following.

1. Basic facts

A. On January 16, 2017, the Defendant concluded a contract with C Co., Ltd. (hereinafter “C”) for the new construction of factories on the Seo-gu Incheon, Seo-gu and E (hereinafter “instant construction”).

B. On March 13, 2017 and April 3, 2017, the Plaintiff and C entered into a subcontract with each of the contract amount of KRW 186 million and KRW 200 million ( separate value-added tax), respectively, for the Changll Construction among the instant construction works, respectively.

C. On December 23, 2017, the Defendant, C, and the Plaintiff agreed to pay directly the Plaintiff KRW 42,032,573 (including value-added tax) out of the construction cost and to the Defendant to the effect that the Defendant does not have any claim in addition to the above amount of subsidies (hereinafter “instant agreement”).

【Evidence - Unsatisfy Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings】

2. According to the above findings of the determination on the cause of claim, the Defendant may be deemed to have agreed to pay to the Plaintiff directly, upon recognizing that the accounts payable in the instant construction cost remain in KRW 42,032,573, and thus, the Defendant is obligated to pay to the Plaintiff delay damages calculated at each rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 27, 2019 to May 31, 2019, and from the next day to the day of full payment, 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.

3. The defendant's assertion that the above KRW 12,071,200 should be deducted from the plaintiff's claim amount, but the defendant's testimony of Gap evidence Nos. 2 and 3 (including each number), witness F is insufficient to recognize it, and there is no other evidence to acknowledge it.