1. The defendant shall pay 6,00,000 won to the plaintiff and 12% per annum from August 1, 2019 to the day of complete payment.

1. Basic facts

A. On September 27, 2018, the Defendant entered into a subcontract (hereinafter “instant subcontract”) under which the Corporation C (hereinafter “Nonindicted Foundation”) was awarded a contract for the new construction of a convalescent hospital located in the window of Changwon-si, and on October 15, 2018, the Defendant, as the subcontractor and the Defendant, made the subcontractor and the Nonparty Company as the subcontractor, to set the construction cost for the machinery and equipment works among the said new construction works at KRW 1.230,90,000 (hereinafter “instant subcontract”). After that, the construction cost under the said contract was changed to KRW 1.289,000,000.

B. Around January 2019, Nonparty Company concluded a sub-subcontract with the Plaintiff and Nonparty Company as a sub-subcontract, and the Plaintiff as a sub-subcontract, and entered into a sub-subcontract with the amount of KRW 561 million for the supply and installation work of air conditioners among the aforementioned machinery and equipment works.

(hereinafter referred to as “instant sub-subcontract”). (c)

By June 30, 2019, the Plaintiff completed the supply and installation work of air conditioners pursuant to the re-subcontract of this case, and received KRW 374 million from the Defendant out of the construction price under the re-subcontract of this case.

[Reasons for Recognition] Facts without dispute, entry in Eul 5 to 7 (including branch numbers if there are serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, the Defendant, and the Nonparty Company agreed to pay KRW 440 million to the Plaintiff, out of the construction cost under the re-subcontract of this case.

Since the defendant paid only KRW 374 million to the plaintiff, it is obligated to pay the remainder of KRW 66 million and damages for delay.

B. The defendant only paid KRW 374 million to the plaintiff upon the request of the non-party company, and did not have any direct payment agreement with the plaintiff.

A direct payment agreement of subcontract consideration concluded on March 19, 2019 falls under the assignment of claims.

Even if there is no notification of transfer with a fixed date or consent of the defendant with a fixed date.