1. The defendant shall pay to the plaintiff KRW 9,579,350 as well as 5% per annum from June 15, 2013 to May 1, 2014 and from the next day.

1. Facts of recognition;

A. On February 14, 2013, the Defendant awarded a subcontract for construction cost of KRW 12,344,200,000 (including value-added tax) to Pyeongtaek Construction Co., Ltd. (hereinafter “Seoul Construction”) on the part of the construction work at the Young-powered Power Station ordered by Young-gu Co., Ltd. (hereinafter “instant construction”) from February 18, 2013 to May 15, 2013, with the period fixed as KRW 12,344,200,00 for construction cost.

On the same day, the Defendant and Pyeongtaek Construction agreed to pay the progress payment in cash by the last day of the following month, on the same day, on the condition that, with respect to “equipment, liquor, powder, labor cost, and food,” the submission of a written statement of non-performance and a written request for direct payment, it shall be within the scope of the amount of the progress payment.

In addition, Pyeongtaek Construction submitted to the Defendant a statement of direct non-performance that “I agree that I would not raise any objection to civil or criminal charges (limited to the amount of progress payment) even if I would pay directly to the business entity the amount that I would have to pay to the relevant business entity for the wages of on-site workers incurred by the instant construction, gas supply expenses, equipment expenses, powder expenses, and food expenses incurred at the site.”

B. On March 2013, Pyeongtaek Construction sent to the Defendant a written claim of KRW 1,320,000 for progress payment (excluding value-added tax) and KRW 3,891,00,000 for progress payment on April 15, 2013 (excluding value-added tax), and KRW 3,000 for progress payment on May 15, 2013 and KRW 3,000 for progress payment on May 15, 2013 (excluding value-added tax), respectively. Accordingly, the Defendant paid the construction payment to Pyeongtaek Construction or Subcontractors within the issue date of the tax invoice if he/she actually issues the tax invoice and claims construction payment.

C. Meanwhile, from February 2013, the Plaintiff supplied oil to Pyeongtaek Construction. On April 15, 2013, the Plaintiff entered into an agreement on the assignment of claims (hereinafter “instant agreement on the assignment of claims”) with the Pyeongtaek Construction, and Pyeongtaek Construction, on the same day, sent notice of the instant agreement on the assignment of claims to the Plaintiff.