1. The Defendant: (a) KRW 45,500,000 for the Plaintiff and 5% per annum from August 23, 2014 to November 19, 2015.

1. Basic facts

A. On October 2, 2013, the contract stating that “the Defendant shall contract the Plaintiff for the fire fighting construction work in Busan Northern-gu, Busan, with the construction cost of KRW 15 million (Evidence A 1),” the Defendant’s representative C seal is affixed, and the Defendant’s corporate seal is affixed.

B. From the account of D Co., Ltd. (hereinafter “D”) to the Plaintiff’s account, KRW 20 million was transferred from October 18, 2013, KRW 40 million on November 27, 2013, KRW 10 million on December 12, 2013, and KRW 70 million on December 12, 2013.

C. D filed a lawsuit against the Defendant for construction cost as Busan District Court 2014Gahap48531, and the Defendant filed a counterclaim as Busan District Court 2014Gahap13078, but both the principal lawsuit and the counterclaim were withdrawn on March 11, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 7, 8, 9, and the purport of the whole pleadings

2. The plaintiff asserts that the defendant should be paid KRW 45 million in the balance of the construction price on the ground that he/she received KRW 1.5 million from D after being awarded a contract for the fire fighting construction work from among the new construction works of the Evalescent hospital in Busan Northern-gu, Busan-gu (the cost of KRW 45 million in the fire fighting facility construction work, KRW 60 million in the separate value-added tax).

In regard to this, the defendant asserts that the plaintiff's claim of this case in this case is groundless since it is not directly contracted to the defendant, but only the fact that he received a subcontract to D is recognized.

As to this, the plaintiff asserts that even if the fact that he received a subcontract with D is recognized, the defendant is obligated to pay the price directly to the plaintiff pursuant to Article 14 (1) 3 of the Fair Transactions in Subcontracting Act (hereinafter "subcontract"). Thus, the plaintiff's claim of this case should be accepted in full.

On October 6, 2015, the Plaintiff stated that the Plaintiff withdrawn the above assertion in the application form for amendment of the purport of the claim. However, on October 8, 2015, the Plaintiff’s KRW 70 million transferred from D on the date of pleading was 2.