1. As to Defendant Kail Construction Co., Ltd., Defendant 1, from October 25, 2013 to April 20, 2017, with respect to the Plaintiff’s KRW 65,580,000 and Ghana.

1. Facts of recognition;

A. On May 23, 2012, Defendant B awarded a contract for the new construction of the Jongno-gu Seoul Metropolitan Government Ground C detached Housing (hereinafter “instant building”) to Defendant C’s Kail Construction Co., Ltd. (hereinafter “Defendant Company”) at KRW 1.1 billion of the construction cost.

B. On March 21, 2013, Defendant Company awarded a contract with the Plaintiff on the construction cost of KRW 65 million (excluding value-added tax) and the construction period from March 21, 2013 to April 20, 2013.

C. The Plaintiff was paid KRW 20 million out of the construction cost when commencing the instant construction work.

In addition to the instant construction, the Plaintiff was performing construction works for installing households equivalent to KRW 12.8 million.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion: The Plaintiff did not receive KRW 65 million in total, including the remainder of KRW 45 million based on the instant construction contract (=65 million - KRW 20 million), KRW 12.8 million in additional construction cost, value-added tax (i.e., KRW 65 million in total and KRW 12.8 million in additional construction cost) (i.e., value-added tax at KRW 10 million in total with KRW 78 million in additional construction cost).

Therefore, the Defendant Company is a contractor for construction work for the Plaintiff, and Defendant B is jointly obligated to pay the said construction cost to the Plaintiff, as the owner who guaranteed the payment of the instant construction cost.

The Defendants: Defendant Company made payment of the instant construction cost by Defendant B; thus, Defendant Company does not have any obligation to pay it.

Defendant B is not a contracting party to the instant construction project, but does not have to pay the instant construction cost to the Plaintiff, as it does not have any guarantee for payment.

B. As seen earlier, as seen earlier, the Defendant Company subcontracted the instant construction work to the Plaintiff is the Defendant Company. As such, the Defendant Company is the contractual party, and the Plaintiff.