1. From November 30, 2017 to February 8, 2018, Defendant 1, Inc., Ltd., Ltd., both KRW 38,913,930, and its amount.

1. Facts of recognition;

A. On September 29, 2014, the Defendant Heungjin Construction Co., Ltd. (hereinafter “Defendant Heungjin Construction”) was awarded a contract for the new construction of Seosan-dong and one parcel of land officetels from the Korea Land Trust Co., Ltd. (hereinafter “Ulsan-dong”).

B. On July 29, 2015, Defendant Heungjin Construction subcontracted the instant construction of reinforced concrete (hereinafter “instant construction”) among the construction of the instant officetel to Defendant Heungjin Construction Co., Ltd. (hereinafter “Defendant White Construction”) with the price of KRW 3.08 billion (including value-added tax) and the period from July 29, 2015 to September 30, 2016.

C. From January 1, 2016 to April 11, 2016, the Plaintiff supplied necessary construction materials for the instant construction to Defendant 00 Construction. The Plaintiff did not receive KRW 38,913,930 out of the said construction materials.

Defendant 00’s construction did not properly proceed with the instant construction, and eventually waived the instant construction work on April 13, 2016.

E. On April 14, 2016, Defendant He demanded Defendant Heungjin Construction to pay the said money by asserting that the remaining construction cost due to the termination of the instant construction project was KRW 49,944,600. However, Defendant Heungjin Construction notified that the remaining construction cost remains as a result of the settlement of construction cost.

[Ground of Recognition] Construction: The fact that there is no dispute, Gap's evidence 2, 4 (including each number), Eul's evidence 1 through 4 (including each number), and the whole purport of the pleading, and construction not including the whole purport of the pleading: The judgment by service by publication (Article 208 (3) 3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant Hejin Construction Co., Ltd.

A. The Plaintiff’s assertion ① supplied building materials to Defendant 00 Construction, but actually supplied building materials to the instant construction site through Defendant 00. As such, Defendant 1 was the party to whom the said building materials were supplied, and the Plaintiff as the party to whom the said building materials were supplied.