The defendant paid KRW 39,857,300 to the plaintiff and 5% per annum from February 12, 2019 to September 16, 2020.

1. Facts of recognition;

A. On July 27, 2016, D Co., Ltd. (hereinafter “D Co., Ltd”) awarded a subcontract to the Defendant on July 27, 2016, setting the construction cost of civil engineering works, etc. among the F Hospital Construction Works in Jinju-si E (hereinafter “instant construction works”), as KRW 1.7 billion (excluding value-added tax) and the construction period from July 27, 2016 to October 30, 2017.

(hereinafter “instant subcontract”). (b)

After that, on September 6, 2016, the non-party company and the Defendant concluded a modified contract for the instant subcontract (hereinafter “instant modified contract”) by reducing the construction cost to KRW 730 million (excluding value-added tax) during the process agreed upon in the instant subcontract and reducing the construction cost to KRW 730 million (excluding package work and file work).

C. Since October 2016, Defendant Company failed to perform the instant construction work properly, and Defendant Company demanded Nonparty Company to pay labor costs and equipment costs, as the companies related to the Defendant Company did not receive labor costs and equipment costs from Defendant Company.

The Defendant incurred KRW 39,857,300, while carrying out the instant construction. As the Defendant’s failure to pay it, making it difficult to proceed with the instant construction, the Plaintiff paid the equipment fee on behalf of the Defendant Company.

E. On June 9, 2017, the non-party company sent to the Defendant a letter-proof mail stating that “The construction of a household facility, soil facility, or part of a structure was completed as of the end of October 2016 during the process that the Defendant was in progress, but no later than the end of May 2017, the construction is difficult to proceed with the instant construction. As the Defendant did not execute part of the construction cost received, it is difficult for the Defendant’s customer to visit the non-party company to make an objection, etc.

F. In addition, the non-party company "the defendant is the defendant on October 18, 2017.