1. The Defendant amounting to KRW 29.8 million to the Plaintiff and the Plaintiff’s 6% per annum from February 1, 2019 to March 25, 2019.

Facts of recognition

around August 2018, the Defendant awarded a new construction contract to B Co., Ltd. (hereinafter referred to as “B”) with respect to the Defendant’s construction work as to B, the Defendant awarded a new construction contract to B (hereinafter referred to as “B”).

(hereinafter “instant contract”). B subcontracted the system bath project to the Plaintiff on August 9, 2018 (hereinafter “instant contract”). On August 9, 2018, the Plaintiff entered into a subcontract with the Plaintiff on August 20, 2018, setting the system bath project cost of KRW 29.8 million and the deadline for completion on August 20, 2018.

(hereinafter “instant subcontract”). On August 9, 2018, the date of the instant subcontract agreement between the Plaintiff, B, and the Defendant, the Plaintiff, B, and the Defendant entered into a direct payment agreement with the Defendant, who is the subcontractor, pursuant to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”) and Article 4 of the Enforcement Decree of the said Act, to directly pay the instant subcontract price to the Plaintiff, the subcontractor.

(hereinafter “instant direct payment agreement”). After completing the subcontracted project and claiming for the price, the Plaintiff completed the instant subcontracted project, and B completed the instant subcontracted project on December 2018.

On January 29, 2019, the Plaintiff requested the Defendant to “The direct payment of the subcontract price of KRW 29.8 million by January 31, 2019 according to the instant direct payment agreement.”

The Defendant’s deposit for the execution of the contract price of this case was not paid to the Plaintiff despite the Plaintiff’s request for the above direct payment. On February 19, 2019, the Defendant deposited “B” with the depositer, and “B” with the content that “In the decision of provisional attachment of each claim against E, F, G, H, and Plaintiff on the contract price of this case, the provisional attachment of each claim is made pursuant to Articles 248(1) and 291 of the Civil Execution Act” with the content that “809,783,780 won is deposited.”

The defendant's attached data submitted by the defendant on April 3, 2019 【Ground of Recognition】 has no dispute, Gap 1, 2, and 3 respectively, and the purport of the whole pleadings is determined.