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

Purport of claim and appeal

The defendant.

A. On November 2, 2011, the Plaintiff asserted that the Defendant entered into a contract with the Defendant for the construction of freezing facilities in the Defendant’s factory (hereinafter “instant construction”) and completed the said construction, and that the Defendant is obligated to pay the Plaintiff the construction cost of KRW 34,00,000, and damages for delay thereof, etc., which are not paid to the Plaintiff. The Defendant asserted that the Defendant contracted the construction of the factory and warehouse, including the freezing equipment portion, and that the construction cost was paid in full.

B. Determination 1) First of all, as to whether the Plaintiff entered into the instant construction contract with the Defendant, the Plaintiff entered into a contract for construction of the Defendant’s factory and warehouse with the Defendant on the following: (a) partial statement of No. 4 as shown in the Plaintiff’s assertion and the witness B’s testimony cannot be trusted in light of the following circumstances; (b) the remainder of evidence submitted by the Plaintiff alone is insufficient to acknowledge them; and (c) there is no other evidence to acknowledge them; (b) according to the witness B’s testimony and the party personal examination of the Defendant, the Plaintiff entered into a contract for construction of the Defendant’s factory and warehouse with the Defendant on the basis of the following: (a) the Defendant, B, and C’s comprehensive construction of the rice comprehensive construction with the construction license; (b) the Plaintiff entered into a contract for construction of the instant construction with the Defendant on the premise that the Plaintiff entered into the instant entire construction contract with the Defendant; and (c) the Plaintiff’s payment of part of the construction price in the name of the construction work under the party’s name.