1. The judgment of the court of first instance is modified as follows.

Ulsan District Court 2015. 2015.

1. Basic facts

A. On February 10, 2014, the Plaintiff subcontracted the construction of machinery and equipment from C Co., Ltd. to F Co., Ltd. (hereinafter “F”), among “the construction of a building exclusively for parking in Ulsan-gu E Hospital”, and re-subcontracted the said construction work to F Co., Ltd. (hereinafter “F”), KRW 190 million (excluding value-added tax).

The F entered into a contract on October 1, 2014 with the Defendant to supply materials necessary for the said fire-fighting construction while carrying out the said fire-fighting construction.

B. On November 5, 2014, the Plaintiff paid F a total of KRW 37,20,000,000,000,000 as the construction cost, KRW 2,000,000 on December 17, 2014, and KRW 37,20,000 on January 2, 2015.

C. However, on January 14, 2015, F transferred KRW 100 million out of the construction cost claims against the Plaintiff to the Defendant, and notified the Plaintiff of the said assignment on January 15, 2015.

On January 15, 2015, the Plaintiff paid KRW 7 million directly to G who worked as the head of F’s site at the construction site at the construction site.

E. Meanwhile, on February 13, 2015, the Plaintiff and F made a direct payment agreement to the effect that “F agrees to the Plaintiff’s direct payment of the payment of the labor cost, material cost, etc. to be paid by F as the construction cost to F.”

F. Accordingly, on February 13, 2015, the Plaintiff paid to the head of F’s site on personnel expenses the amount of KRW 40 million re-paid to G, and KRW 50 million as part of the material price or bond acquisition amount to the Defendant who supplied the materials to F.

G. However, as G et al. employees of F were not paid the labor cost from F in time, the construction site was completed around March 20, 2015, and F completed construction with the left portion of the fire-fighting construction site.

H. Accordingly, from March 21, 2015, the Plaintiff, from around March 21, 2015, posted other workers, such as I and J, to perform construction works on the unexecution portion. The Plaintiff paid to I and J as personnel expenses the total of KRW 13.5 million on April 30, 2015, KRW 3 million on May 18, 2015, KRW 42 million on December 3, 2015, KRW 13.5 million on December 21, 2015.

I. The Defendant on April 29, 2015