1. The Defendant’s KRW 25,00,000 as well as 5% per annum from November 10, 2017 to February 14, 2019 to the Plaintiff.

1. Facts of recognition;

A. The Defendant is a corporation that implements a small-scale sewerage maintenance and improvement project in the D District located in the Jeonnam-gun (hereinafter “instant construction project”), and E was registered as the site manager of the instant construction project from April 2015 to July 2017.

B. The Plaintiff, at the construction site of this case, was carrying out the instant construction and carried out the instant construction work, and was responsible for the expenses related to meals, etc.

C. On May 15, 2017, the Plaintiff settled the E and the unpaid payment, a field director of the instant construction project, following the completion of the instant construction project.

Accordingly, on May 15, 2017, the "contractor (Defendant)", after completing the site, will settle down the outstanding payments of the above worker (Plaintiff) and pay it as the top priority. The total amount of KRW 39,300,000,000 for equipment usage fees and the statement of discharge of unpaid wages was drawn up.

(hereinafter referred to as the “instant execution memorandum”). The execution memorandum of this case has the Plaintiff’s seal affixed to the work executor, and E signed and sealed the site secretary’s seal to the instant execution note.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff KRW 39.3 million and delay damages therefor.

B. The defendant's assertion that the defendant should deduct the amount of KRW 14.3 million from the payment of wages, etc. to the plaintiff. Thus, according to the purport of the whole pleadings in the evidence No. 1, it is recognized that the defendant paid KRW 14.3 million to the plaintiff on July 17, 2017, which was after the completion of the written statement of execution of this case, as wages, etc. related to the construction of this case. Thus, the above argument by the defendant is with merit.

C. Accordingly, according to the theory of lawsuit, the Defendant was from November 10, 2017, the following day after serving the original copy of the instant payment order on the Plaintiff (=39 million won - 14.3 million won) and the Defendant’s service of the original copy of the instant payment order.