1. The Defendant’s payment for the purchase price for the Plaintiff at the Gwangju District Court, Jindo-gun Court, 2016 tea96.

1. Circumstances leading to the dispute of this case;

A. The Plaintiff was awarded a contract from Jindo-do, Jindo-do, for “A Corporation” (hereinafter “the instant construction”).

B. On May 29, 2015, the Plaintiff subcontracted the instant construction work to B in a lump sum with the subcontract price of KRW 1,151,850,000, and the limited liability company D, for which C is the representative director, guaranteed B’s obligations under the said subcontract.

C. From April 2, 2016 to April 19, 2016, the Defendant received a request from those who received instructions from B or B, and supplied aggregate at the construction site of this case so that the use fees of the aggregate amount to KRW 4,862,00.

At the time of the supply of the above aggregate, B is indicated as the Plaintiff’s field agent on the construction guidance board at the construction site.

On the other hand, on April 1, 2016, the Plaintiff paid KRW 1,360,000 out of aggregate payment to the Defendant.

E. On May 11, 2016, B requested the Plaintiff to suspend the instant construction work on the following grounds: “The Plaintiff wishes to suspend the instant construction work upon receiving KRW 750,000,000 for the subcontract price for the construction work implemented at that time.”

F. On September 20, 2016, the Defendant filed an application against the Plaintiff for the payment order claiming payment of KRW 3,502,000, which was unpaid out of the aggregate payment as seen earlier, and on September 20, 2016, the payment order was issued to the Plaintiff that “the Plaintiff shall pay to the Defendant the amount of KRW 3,502,000 and damages for delay calculated at the rate of 15% per annum from the day following the delivery of the original payment order to the day of full payment.”

(hereinafter referred to as “instant payment order”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 6, 8, and Eul evidence No. 1 (including each number), and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff subcontracted the instant construction to B, and the Plaintiff concluded a aggregate supply contract with the Defendant, and thus, B, not the Plaintiff, has the obligation to pay aggregate proceeds to the Defendant.