1. The Defendant’s KRW 289,069,635 as well as the Plaintiff’s KRW 15% per annum from July 27, 2018 to May 31, 2019.

Facts of recognition

On November 3, 2016, the Defendant concluded a standard subcontract agreement for construction works (hereinafter referred to as “instant subcontract agreement”) with the content of subcontracting construction works for D construction works ordered by the Rural Development Administration by the Defendant and C as KRW 29,086,261,240 (the construction price previously changed to KRW 34,794,229,000). On January 25, 2017, the Defendant entered into a contract with C Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) with respect to the said construction works for the construction cost of KRW 1,971,310,00 (including value-added tax) and the construction period of KRW 1,971,310,00 (including value-added tax) and from January 25, 2017 to February 28, 2018 (hereinafter referred to as “instant construction works”).

On January 1, 2018, the Defendant entered into a standard subcontract for construction works to change the construction cost to KRW 2,037,678,751 (including value-added tax) upon entering into a cancellation agreement with the non-party company and its up to February 19, 2018, under which the non-party company would waive the instant construction works.

On January 24, 2018, the Defendant concluded a general contract for construction works, which is the construction cost of the non-party company and the construction cost of KRW 314,163,300 (including value-added tax) and the construction period from December 1, 2017 to January 31, 2018.

On November 29, 2017, the Plaintiff was issued a provisional attachment order (hereinafter “instant provisional attachment”) of KRW 289,069,635 (the Ulsan District Court 2017Kahap10396) with respect to the claim for the construction payment of the instant case against the Defendant of the non-party company by using the claim for construction materials rent against the non-party company as the preserved right (hereinafter “the instant provisional attachment order”), and the instant provisional attachment order was served on the Defendant on December 1, 2017.

On June 8, 2018, the Plaintiff: (a) No. 179 of the No. 2018, the notarial deeds joint office of notary public with executory power against the non-party company.