1. The Defendant’s KRW 9,00,000 and the Plaintiff’s annual rate of KRW 5% from March 25, 2016 to November 24, 2016.

1. Basic facts

A. The Plaintiff is a company engaged in the business of manufacturing and constructing steel structures, and the Defendant is a person engaged in artificial fishery in the name of “B”.

B. On November 16, 2014, between the Plaintiff and the Defendant, a standard subcontract agreement for private construction works (A evidence No. 2; hereinafter “instant contract agreement”) that stipulated the construction amount of KRW 263,00,000 and the construction period from November 16, 2014 to December 17, 2014 with respect to steel works (hereinafter “instant construction works”).

C. From November 24, 2014 to December 26, 2014, the Plaintiff issued a tax invoice of KRW 192,500,000 (i.e., KRW 175,000,000 value-added tax of KRW 17,500,000) with the Defendant as the Defendant. From November 11, 2014 to January 5, 2015, the Plaintiff deposited KRW 183,50,000 in the Plaintiff’s account in the Defendant’s name.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserts that, on November 16, 2014, the Defendant, who is the contractor, is obligated to pay the construction cost and the delayed damages to the Plaintiff, as the Plaintiff received the instant construction contract from the Defendant and completed the instant construction work.

As to this, the Defendant asserted that the instant contract was made between the Plaintiff and D, and that the Plaintiff was well aware of such circumstances, and thus, the Defendant cannot claim the said construction cost against the Defendant.

(b) the final determination of the contracting party 1 generally constitutes an interpretation of the intent of the contracting party involved in the contract.

The interpretation of a declaration of intent is to clearly determine the objective meaning that the parties have given to the act of indicating, and in case where the parties to a contract prepare in writing what terms and conditions of the contract are a disposal document, it is not bound to the terms and conditions used in writing.