1. The Defendant’s KRW 42,700,000 as well as 5% per annum from July 14, 2017 to March 31, 2020 to the Plaintiff.

1. Facts of recognition;

A. On April 6, 2016, the Defendant entered into a contract with C Co., Ltd. (hereinafter “C”) for the construction of a new urban-type residential house D (hereinafter “instant building”) in Busan-gu (hereinafter “instant new construction”) by setting the construction cost of KRW 1,480,00,000 (excluding value-added tax) and the construction period from April 5, 2016 to November 30, 2016. The construction period under the said contract was finally extended by May 30, 2017.

B. Meanwhile, Article 29 of the General Conditions of the instant contract for new construction works provides that “any right or obligation arising under this contract shall not be assigned or delegated to a third party, except where a written consent of the other party and the consent of the guarantor is obtained.”

C. On August 31, 2016, C entered into a subcontract with E by setting the construction cost of KRW 100,348,00 for the said construction works (42,356,00 among these costs is non-taxable and value-added tax is separate for KRW 57,982,00,00, as the total construction cost is KRW 106,136,200 when including value-added tax) and the construction period from August 22, 2016 to November 30, 2016.

The Plaintiff is a person who has supplied E with materials related to the instant marina work.

E. Since October 5, 2016, the Defendant and C agreed to directly perform the remaining construction works among the instant new construction works, and C ceased construction works around that time and the Defendant directly performed the remaining construction works.

F. E completed the instant finishing construction, and the Defendant paid E KRW 61,600,000 out of the price of the instant finishing construction.

G. C agreed with E on January 12, 2017 on the remainder of the instant finishing construction work at KRW 42,700,000, and C transferred KRW 42,700,000 out of the amount of the instant new construction work to be paid by the Defendant to E, and C is above the Defendant on January 13, 2017.