1. The defendant shall pay 51,106,000 won to the plaintiff and 15% per annum from July 6, 2016 to the day of complete payment.

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs the painting business in the trade name of “C,” and the Defendant is a company that runs the construction business.

B. On April 2015, the Defendant was awarded a contract for the extension of a dormitory and other construction works for the E-high school located in Daegu-gu, Daegu-gu Office of Education (hereinafter “instant construction works”).

C. On October 2015, the Plaintiff was awarded a subcontract for the instant construction project by setting the amount of KRW 51,106,000 for painting construction work during the instant construction project (an immediate payment after completion of construction) and the construction period from October 20, 2015 to December 30, 2015, through F having been in charge of construction work at the instant construction site.

(hereinafter “instant subcontract”). D.

Since then, the Plaintiff completed the painting construction work in accordance with the instant subcontract, but has not been fully paid the agreed construction cost up to now.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3-2, 3-3, Gap evidence 4-9 (including provisional number), the fact inquiry reply by the superintendent of the Office of Education of the Daegu Metropolitan City, the witness F's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the plaintiff is obligated to pay 51,106,000 won for the contract price under the above subcontract and damages for delay, since the plaintiff entered into the subcontract of this case with the defendant through F with legitimate power of attorney as the defendant's on-site director and completed all the construction works agreed upon.

B. The Defendant’s assertion is merely a lump sum subcontract for the instant construction project contracted by the Office of Education of Daegu Metropolitan City on April 17, 2015 (hereinafter “Korea-China Construction”) and did not conclude the instant subcontract with the Plaintiff regarding the said construction project.

In particular, F is merely a person who re-subcontracts the construction of this case from the side of Han Heavy Construction, and is not the head of the defendant's site.