1. The Defendant’s KRW 34,800,000 as well as the Plaintiff’s annual 6% from September 29, 2018 to October 26, 2019, and the following.

1. On June 14, 2018, the Defendant entered into a contract for construction works with Nonparty C, the owner of the building, and “the construction works for construction works for cultivating bean estate located in Nam-gu Incheon Metropolitan City” (hereinafter “new construction works in this case”), with the construction cost of KRW 26 million and the construction period of KRW 16 million from June 14, 2018 to August 15, 2018.

The Plaintiff entered into a contract with the Defendant for the construction of the steel frame and the steel panel (hereinafter “construction of the instant steel frame, etc.”) among the instant construction works, and entered into a construction subcontract with the Defendant and the construction works from June 28, 2018 to issue an electronic tax invoice to the Defendant on September 28, 2018 after completing construction works around September 17, 2018.

On August 31, 2019, the Plaintiff sent to the Defendant a written claim for the payment of the construction cost, stating that “The payment of the construction cost would be 11.6 million won as the instant steel frame, etc. was completed,” and as of the same day, the Plaintiff sent to the Defendant a written claim for the remainder of the construction cost, stating that “The payment of the construction cost would be 1.6 million won as advance payment, and the Plaintiff received 8.3 million won as an advance payment, so the Plaintiff paid the remainder of KRW 3.6 million and the additional amount of KRW 1.2 million as 3.6 million.”

From July 19, 2018 to October 25, 2018, the Defendant paid 83 million won to the Plaintiff in total three times.

Around January 2019, the Defendant drafted a subcontract agreement on June 20, 2018, with respect to the construction work of the foundation, steel structure, external board, and interior board (hereinafter “construction work of the instant foundation, etc.”) among the new construction work of Nonparty E and the instant construction work of this case, with the construction cost of KRW 11.7 million and the construction period from June 20, 2018 to July 21, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 13, Eul evidence Nos. 1 and 2 (including branch numbers), witness E and F's testimony, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff is a party to the construction contract, such as the instant steel frame, etc.