1. The Defendant shall pay to the Plaintiff KRW 114,30,000 and the interest rate of KRW 15% per annum from June 3, 2017 to the day of complete payment.

1. Basic facts

A. The Defendant is a business operator who runs the construction business under the trade name B, and the E company, etc., which was awarded a contract by the Korea Social Welfare Association and Korea Social Welfare Association C for the extension work located in Gangdong-gu Seoul Metropolitan Government D, subcontracted the construction of reinforced concrete and the termination work to the Defendant.

B. On December 14, 2016, the Plaintiff entered into a sub-subcontract with the Defendant to the contract price of KRW 124,300,000 (including additional tax) with respect to the repair works other than a funeral, among the extension works.

C. On January 26, 2017, the Defendant paid the Plaintiff KRW 10 million of the construction price, and the remainder of KRW 114,300,00 of the construction price was paid to the Plaintiff.

4. 13. 13. “B agrees to pay any balance of KRW 114,300,000 to the Plaintiff out of the contract amount with the Plaintiff: Provided, That in a civil suit pending in B (Seoul Central District Court Decision 2017Gahap519258), B prepared a statement of direct non-performance that the said contract amount was not included in the said contract amount.”

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

2. Determination as to the cause of claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 114,300,000 for the remainder of the construction project of this case and damages for delay calculated at the rate of 15% per annum from June 3, 2017 to the day of complete payment, as sought by the Plaintiff, from June 3, 2017, following the delivery date of the original copy of the instant payment order to the day of full payment.

B. The defendant's argument regarding the defendant's assertion that since the defendant prepared a written statement of direct payment for the remainder of the construction of this case to the plaintiff, the defendant's obligation to pay the construction price to the plaintiff was extinguished pursuant to Article 14 (2) of the Fair Transactions in Subcontracting Act, and the plaintiff filed a lawsuit against the social welfare association against the social welfare association for the payment of the construction price of this case, and thus, the claim