1. The Defendant shall pay to the Plaintiff KRW 40,155,00 and the interest rate of KRW 15% per annum from May 31, 2017 to the date of complete payment.

1. Basic facts

A. On September 2014, Nonparty ELT Construction Co., Ltd. (hereinafter “ELLT Construction”) was awarded a contract for C apartment reconstruction work (hereinafter “instant reconstruction work”) from the C apartment Housing Reconstruction Project Association. On April 1, 2015, Nonparty 1 subcontracted the portion of the instant reconstruction work out of the said reconstruction work to Nonparty Dom Name Construction Co., Ltd. (hereinafter “Metropolitan Construction”) for the construction cost of KRW 2.1 billion.

B. On June 2015, 2015, as the Defendant’s representative and E operating “D”, entered into a contract for re-subcontracting the instant reconstruction construction of reinforced concrete in KRW 1,736,00,000 among the instant reconstruction construction works. The Plaintiff performed the instant reconstruction construction work at the site of the instant reconstruction project in the amount of KRW 43,50,000.

C. On the other hand, on April 13, 2015, Nonparty F contracted to Nonparty G for the construction of a multi-family house on the H’s ground (hereinafter “instant new construction work for a multi-family house”). around June 2015, G subcontracted to the Defendant of KRW 143,70,00 among the construction works for the instant multi-family house, which was subcontracted to the Defendant of KRW 143,70,00, and on June 2015, the Plaintiff completed the construction work equivalent to KRW 20,65,00 by sub-subcontracting the steel work from the Defendant of KRW 32,980,00 among the construction works.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 7, 11, and 12, witness I, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The gist of the parties’ assertion regarding the instant reconstruction project is that the Plaintiff subcontracted the instant reconstruction project to E under a subcontract for a reinforced concrete construction project among the instant reconstruction projects. The Plaintiff, around April 2015, subcontracted the said reinforced concrete construction project from E to June 2015.

However, around June 2015, the name construction was withdrawn from the construction of this case, and instead, the Defendant entered into a subcontract with ELT Construction and the construction cost for the existing construction works with the Plaintiff.