1. The Defendant shall pay to the Plaintiff KRW 42,068,110 as well as 20% per annum from July 12, 2013 to the day of complete payment.

1. Basic facts

A. The Defendant awarded a contract for the maintenance work of sewage conduits (fourth minutes) from February 16, 2012 to February 26, 2013 for the period of construction, which was ordered by the former Navy, and subcontracted the construction work of water supply and drainage (hereinafter “instant construction work”) among them to C (hereinafter “C”).

B. When a civil petition was filed from November 201, 2012 due to delayed payment of wages, equipment, etc. while performing the instant construction work, and the construction has been delayed, the Navy issued a disposition to suspend the construction work to the Defendant on January 22, 2013, and around that time C accepted the construction site at the instant construction site.

On February 7, 2013 due to the payment of part of the overdue wages, etc., the Defendant cancelled the order to suspend the construction work, and resumed the construction work around that time.

C. In operating a gas station at the construction site of this case, the Plaintiff supplied oil equivalent to KRW 7,079,870 from January 1, 2013 to May 201, 2013. However, the Plaintiff received only KRW 17,386,480 from the Defendant on February 1, 2013, and only KRW 17,625,280 from March 13, 2013, and did not receive the remainder of KRW 42,068,110 from the Defendant on March 13, 2013.

[Ground of recognition] A without dispute, Gap evidence 1 through 5 (including each number; hereinafter the same shall apply), Gap evidence 7, 8, Eul evidence 1 through 3, witness E's testimony, fact inquiry and reply to the south of this court, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the plaintiff supplied the oil at the construction site of this case at the request of the defendant but did not receive it, so the defendant asserts that the plaintiff should pay the unpaid oil to the plaintiff, the plaintiff is not the defendant, but the defendant's direct payment of the oil is merely in accordance with C's request for direct payment. Thus, the plaintiff's claim cannot be complied with.

B. The above facts and the purport of the whole pleadings are examined as follows.