1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and 5% per annum from August 11, 2017 to October 11, 2018; and (b) the Plaintiff.

1. Facts of recognition;

A. On October 2016, the Plaintiff entered into a construction contract between Nonparty B and Nonparty B for the supply of and demand for the construction of a new residential facility in Suwon-gu, Busan, and on January 1, 2016

3. From November 6, 2016 to December 5, 2016, the instant construction works entered into a contract with the Defendant to enter into a contract with the said construction works, setting the construction cost of KRW 110 million and the construction period of KRW 60 million.

On November 4, 2016, the Plaintiff paid KRW 90 million to the Defendant as advance payment.

B. On November 3, 2016, the Defendant concluded a contract between D and D to re-subcontract the instant construction work by setting the construction cost of KRW 90 million and the construction period from November 7, 2016 to December 6, 2016.

C. On December 22, 2016, the Plaintiff notified the Defendant of the cancellation of the instant construction contract on the grounds of the Defendant’s delay in construction work with the scheduled date for completion, and around that time, the instant construction work was suspended.

【Ground for Recognition: Facts without dispute; Gap evidence 1 to 3; Eul evidence 1 to 4; the purport of the whole pleadings】

2. The assertion and judgment

A. The plaintiff's assertion ① Since the plaintiff was not paid 47 million won for the remainder of the construction work from the owner B due to the defendant's failure and delay in the implementation of the construction contract of this case, the defendant is obligated to pay the above 47 million won as compensation for damages.

(2) In addition, the defendant prepared a letter to pay the above KRW 30 million to the non-execution part, in which the defendant received advance payment through E, and the defendant is obliged to pay the above KRW 30 million.

Finally, the plaintiff is obligated to pay KRW 48,857,420, paid by the plaintiff as the above construction since the defendant directly completed the part of the construction which was not performed by the defendant among the instant construction works.

B. According to the evidence presented prior to the determination as to the argument No. 11 and evidence No. 4 to 7, and No. 111, B, the owner of the building, stated in the above Paragraph A against the Plaintiff.