1. The Defendant’s KRW 37,049,050 as well as the Plaintiff’s annual rate of KRW 6% from December 5, 2015 to April 6, 2016.

1. The Plaintiff is a person who sells construction materials, such as pipes, etc., with the trade name of C, and the Defendant is a person who constructed the construction work of “E apartment” (hereinafter “instant construction work”, and the said construction site “instant construction site”).

From March 21, 2015 to December 5, 2015, the Plaintiff supplied construction materials, such as pipes, at the construction site of this case.

From March 1, 2015 to July 31, 2015, the Defendant paid KRW 27,394,230 in total, as the price for materials supplied to the construction site of this case, from May 27, 2015; KRW 2,191,530 on June 17, 2015; KRW 11,659,80 on August 17, 2015; and KRW 27,394,230 on October 19, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 7 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) made an oral contract with the Defendant to supply construction materials, and supplied construction materials equivalent to KRW 64,443,280 to the instant site from March 21, 2015 to December 5, 2015.

However, the Defendant paid only KRW 27,394,230 out of the above material prices to July 31, 2015, and did not pay KRW 37,049,050 ( KRW 64,443,280 - KRW 27,394,230) for the remainder of the material prices supplied from August 14, 2015.

Therefore, the defendant is obligated to pay to the plaintiff the remaining material price of KRW 37,049,050 and damages for delay.

(2) The defendant's assertion did not have concluded a supply contract with the plaintiff.

On April 24, 2015, the Defendant entered into a subcontract for the construction of machinery and fire-fighting equipment (hereinafter referred to as “instant subcontract”) with Gangseo-gu Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) on April 24, 2015 (hereinafter referred to as “instant subcontract”), which included the subcontract amount of KRW 440,000,00,000, but the Nonparty Co., Ltd would waive the instant subcontracted construction.