1. The Defendant shall pay to the Plaintiff KRW 48,756,561 and the interest rate of KRW 15.5% per annum from July 25, 2016 to the day of complete payment.

1. Basic facts

A. The Defendant is a contractor who has been awarded a contract for construction works for constructing three multi-household houses and officetels on the land outside E in the case of third party from the owner C (D company).

B. The Plaintiff received sewage from the floor floor and exhauster construction among the aforementioned new construction works (the floor and exhauster construction) and constructed from August 2015, and also took charge of repair works for additional works for which repair works are required due to flooding.

C. The construction cost for the original contract for the subcontracted construction works by the Plaintiff is KRW 107,161,612 (including value-added tax; hereinafter the same shall apply) and the construction cost for the repair works required due to flooding (additional construction works) is KRW 7,594,949.

(hereinafter referred to as “instant swimming project,” including additional construction, refers to the entire construction works performed by the Plaintiff, and refers only to the original construction works under the contract, and the additional construction works are referred to as “the instant additional construction works” when they refer only to the original construction works under the contract, and the additional construction works.

The Plaintiff was paid KRW 66,00,000 among the construction cost.

【Non-contentious facts, Gap evidence 1 through 6, Gap evidence 1, Eul evidence 1, witness F's partial testimony, and the purport of whole pleadings.

2. The allegations and judgment of the parties

A. The plaintiff's assertion was accepted by the defendant for the construction work of this case, and the defendant is obligated to pay the construction cost unpaid to the plaintiff.

B. The Defendant’s assertion is that the Defendant subcontracted the construction of a new construction project that the owner received from the owner of the building to F, who had been engaged in the business of swimming and miscellaneous construction, G, but only subcontracted the subcontracted construction to the Plaintiff.

Therefore, the parties to the contract who are obliged to pay the construction cost to the plaintiff are not the defendant but F.

However, since such subcontract violates the construction-related laws, the defendant, who is the original contractor for convenience, is a subcontractor and directly with the plaintiff.