1. The Defendant shall pay to the Plaintiff KRW 48,284,637 and the interest rate of KRW 15% per annum from August 3, 2016 to the date of complete payment.

1. Basic facts

A. Based on the executory payment order for the claim for construction cost of Daegu District Court 2013 tea8062 against Nonparty C, the Plaintiff received the claim for the instant collection order against Nonparty C as to KRW 48,284,637 among the claim for construction cost of the Daegu District Court 2016TTT5052 (hereinafter “the claim for construction cost of the instant case”), and received the claim for the seizure and collection order for KRW 48,284,637 (hereinafter “the instant collection order”), and the instant collection order was served to the Defendant on April 12, 2016.

B. On November 2, 2015, C entered into a contract with the Defendant for a new construction of commercial housing on the ground of Busan Metropolitan City D, as follows:

(hereinafter referred to as “instant contract”). The construction price: The construction period of KRW 390 million (excluding value-added tax): November 5, 2015; the period of payment for the advance payment of KRW 39 million on March 5, 2016: KRW 10%: KRW 39 million for the first time: KRW 10% for the second time for the construction of the slive framework of the second floor - KRW 156 million for the second time for the construction of the slive aggregate of the second floor - KRW 30% for the third time for the construction of the slive aggregate of the second floor - KRW 117 million for the third time at the start of the internal finishing construction - KRW 10% for the fourth time for the fourth time for the internal finishing construction - within seven days after the completion of the construction.

C. From November 4, 2015 to April 6, 2016, the Defendant paid KRW 15720,000 to C as the instant construction cost. D.

After receiving the collection order of this case, the Defendant notified C of the termination of the instant contract, and prepared a written confirmation of termination of the said contract on April 13, 2016.

E. On April 13, 2016, the instant construction was completed with the framework of the second floor slives and was almost completed with the slives structural frame.

F. Even after the termination of the instant contract, the Defendant was entrusted to C with the management and supervision of the instant construction, and completed the instant construction work.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, and 4 (including additional numbers), the witness C's testimony and the purport of the whole pleadings

2. The parties' assertion and judgment

A. Determination C on the primary cause of claim shall be KRW 390 million (excluding value-added tax) from the Defendant.