1. The Defendant’s KRW 44,387,00 for the Plaintiff and KRW 6% per annum from January 4, 2015 to May 25, 2017.

1. Basic facts

A. On June 26, 2013, Vietnam General Construction Co., Ltd. (hereinafter referred to as “VS General Construction”) concluded a construction contract with the Defendant to conclude a contract with each of the following terms: (a) the construction contract was to be executed by setting the total construction cost for the construction of a new house for the elderly located in the military unit located in the time of strike as 3,319,670,230 won (i.e., the second construction cost of KRW 234,479,480 as the first construction cost of KRW 234,085,190,750 as the second construction cost); and (b) the construction period from July 11, 2013 to December 31, 2013 (from February 21, 2014 to June 30, 2014).

(hereinafter the above construction work refers to “the instant construction work,” and the said construction contract is “the instant construction contract”). B.

Pursuant to the instant construction contract, around August 5, 2013, the Defendant paid KRW 500,000,000 as the first advance payment to the Berne General Construction and the second advance payment around March 13, 2014, respectively.

(hereinafter referred to as "the advance payment of this case" in entirety.

On the other hand, the General Conditions of Construction Contract (hereinafter “General Conditions”) which stipulates that the Ministry of Strategy and Finance shall be attached to the contract agreement for government-funded construction works ordered by the State, local governments, etc. as part of the Accounting Rules related to the State contract was incorporated into the contents of the instant construction contract. Of them, the provisions on advance payment are as follows.

Article 43 (Direct Payment, etc. of Price of Subcontract) (1) Where the other party to a contract falls under any of the following subparagraphs, a public official in charge of contracts shall directly pay to the subcontractor concerned, considering that the other party to the contract has requested the payment of the price under Articles 39 and 40, with respect to the amount equivalent to the portion executed by the subcontractor out of the subcontract concluded pursuant to the provisions of

1. Where a judgment received by a subcontractor against the counter-party to the contract has become final and conclusive, which orders the payment of the subcontract price for the portion he/she executes;