1. The Defendant (Appointed Party) and the Appointed C shall jointly and severally serve as KRW 40,440,000 on the Plaintiff and the Plaintiff from January 21, 2015.

1. Basic facts

A. On July 11, 2013, in order to newly construct and sell an urban-type residential housing of 28 households with five stories above ground (hereinafter “instant building”) on a scale of five stories in Seosan-si, Seosan-si, 493 square meters, D entered into a contract for a limited partnershipF (hereinafter “F”) and 760,000,000 won with respect to the new construction of the instant building.

B. On July 15, 2013, the F subcontracted the said new construction work to G in KRW 690,000,000, G re-subcontracted the part of the said new construction work (hereinafter “instant construction work”) to the Plaintiff, a construction business operator, at around August 2013, as to the total construction area of 238 square meters, KRW 460,00 per square meter, and 230,000 per square meter for the instant construction work.

Provided, That with respect to the Plaintiff and the standard subcontract form prepared on October 23, 2013 by G in the name of F, the special terms and conditions that there is no value-added tax amount of KRW 460,000 per square 109,400,000 per square , and that there is no value-added tax;

1.The parking lot part shall be F shall be settled at a later rate of 50%.

C. The foregoing new construction works were interrupted only when only basic civil engineering works, structural construction for the first floor of the instant building, and plastic and reinforced concrete construction works for the second floor were completed, and D notified on May 7, 2014 to the F that the contract would be rescinded on the ground of the discontinuance of construction works, and around that time the said notification reached F. D. Defendant (Appointed Party) and the designated parties C (hereinafter collectively referred to as “Defendant, etc.”).

(E) Around October 10, 2014, the Defendant entered into a contract with D on the remaining parts of the said new construction project. The Defendant et al. subcontracted the instant construction project to the Plaintiff orally at the time of the conclusion of the said contract. Around December 2014, the Plaintiff completed the instant construction project, and was paid KRW 41,00,000 from the Defendant et al. (around December 2014).

2. Determination as to the cause of action

A. The plaintiff asserted that the construction of this case from G is 238 square meters of the construction area.