2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

2. Judgment on the defendant's argument added in the trial of the court

A. The Defendant asserted that the obligation and obligation arising from the Plaintiff’s ground-based electric power resource construction work, such as Gwangju City, which the Plaintiff had ordered from D is merely a matter between the Plaintiff and the Defendant, and thus, it cannot be established any obligation and obligation between the Plaintiff and the Defendant having no direct transactional relationship. However, the Plaintiff claims the amount of the instant agreement in accordance with the content of the instant agreement concluded with the Defendant. The said agreement is clear that the Defendant, the owner of the instant real property, who claimed the right of retention for the instant real estate, was an agreement separately concluded between the Plaintiff and the Defendant, regardless of the relationship between the Plaintiff and D or the Defendant, in order to deliver the said real estate from the Plaintiff, who had possessed the right of retention for the instant real estate. Therefore, this part of the Defendant’

B. The Defendant asserted that the contract deposit, which was paid by the Defendant, was automatically cancelled or cancelled due to the Defendant’s nonperformance of the obligation to pay the remainder under the instant agreement, was reverted to the Plaintiff. Thus, the Plaintiff’s claim seeking the remainder under the instant agreement is without merit. However, according to the Plaintiff’s statement in the evidence No. 1, it is clear that the content of the instant agreement does not include any provision that the Defendant’s agreement is automatically cancelled or cancelled when the Defendant breached the obligation to pay the remainder, and whether the Plaintiff, the other party, is entitled to exercise the right to statutory rescission