공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, and such reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the first instance judgment, except where the instant case is used or added.
2. Parts used or added;
A. A. Article 2 of the first instance judgment’s second instance judgment’s “1. Recognition” is to add “A evidence 2-1” to the grounds for recognition.
B. Following the third part of the judgment of the court of first instance, “The Defendant remitted part of the construction price to the Plaintiff,” the following is added: “The Defendant directly issued and delivered the evidence No. 2 (A) to the Plaintiff on December 9, 2014, and agreed on the construction price of this case, such as the lower right entry at the lower right level; and the Defendant is proceeding with the lawsuit (Seoul Central District Court Decision 2016No. 15363) against the Taedae comprehensive Construction for the purpose of receiving the instant construction price from Tae Taedae Comprehensive Construction and paying the Plaintiff the unpaid construction price (Seoul Central District Court Decision 2016No15363).”
C. Part 8 of the third part of the judgment of the court of first instance, "the plaintiff merely appears to have been awarded a subcontract for the construction work of this case from the defendant, and the above facts alone are insufficient to deem that the plaintiff was awarded a contract for the construction work of this case from Taedae Construction, not from the defendant, and there is no other evidence to support the defendant's assertion." The plaintiff is deemed to have been awarded a subcontract for the construction work of this case from the defendant, and the above argument by the defendant is rejected."
Part 3 of the judgment of the court of first instance provides that "no evidence exists to acknowledge this," in Part 14 of the judgment of the court of first instance, "No evidence to acknowledge this is sufficient only with the statement of No. 2, and no other evidence to acknowledge this exists."
3. In conclusion, the judgment of the court of first instance is just with the conclusion and thus, the defendant's appeal is dismissed as it is without merit.