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

Purport of claim and appeal

The first instance court.

A. The plaintiff runs the construction business under the trade name of "C", and the defendant is a company that conducts a driving school education business, etc.

B. Between October 2016 and February 2017, the Defendant: (a) entered into a contract with E to contract to install equipment, etc. at “G stores” located in the Incheon Bupyeong-gu F building and “I stores” located in “Seoul Yeonsu-gu” (hereinafter “instant construction”); (b) KRW 970,000,000 in total the construction cost (i.e., G stores 650,000,000 I points 320,000,000); and (c) from February 2017, E concluded the said construction from February 2017.

C. In April 2017, E subcontracted the part of the instant construction project to the Plaintiff.

On June 27, 2017, the Defendant changed the instant construction cost to KRW 1,350,000,000 (i.e., G point of KRW 850,000,000) (i.e., KRW 500,000), between E and E, for additional agreements (Evidence 1, No. 4-1).

The Defendant entered into a construction contract agreement with E on August 6, 2017 (Evidence 1, 2, 1, 2017) (Evidence 1, 2, 1-2). The purport of this agreement is that “The Defendant paid E in excess of the construction cost, but E did not proceed with the construction work and delayed construction work because E did not pay the construction cost to the subcontractor, and thus, E does not perform the construction work any longer, and the Defendant shall request another constructor to perform the construction work.”

E. Around September 2017, the Defendant directly ordered the Plaintiff the remainder of the instant construction work, which was not executed, among the parts of the instant construction work, to the Plaintiff. On September 2017, the Plaintiff completed the construction work on the remainder of the construction work, and the Defendant paid all the construction cost on the remainder to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6, Eul evidence 2-1, 2, 3, 4-1, 4-2, and the purport of the whole pleadings

2. Obligation to pay the construction cost;

(a) whether a contract is made for a third party;