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

Purport of claim and appeal

1...

A. On June 27, 2013, the deceased A (hereinafter “the deceased”) concluded a construction participation agreement with a limited liability company (hereinafter “C”) under which the cost of part of D facilities was KRW 170,000,000, and the construction period was from June 28, 2013 to October 20, 2013.

B. On December 2013, the Deceased filed a complaint with the Defendant and E with the Jeju Police Station, asserting that “C does not pay the construction cost under the construction participation agreement to the Deceased on the ground that it had been paid the construction cost to E even though it has to pay the construction cost.”

C. On March 4, 2014, E paid KRW 20,000,00 to the Deceased. On the same day, the Defendant and E drafted a cash custody certificate (Evidence A 1) stating that “The Defendant and E keep custody of KRW 85,00,000 due to the failure to pay the construction cost.”

The Deceased, the Defendant, and E agree to pay KRW 20,000,000 on March 4, 2014, as KRW 85,000,000 on receipt on March 4, 2014, and the balance KRW 85,00,000 on receipt of a cash custody certificate in cash within the cash custody date.

“The letter of agreement (Evidence A No. 4) has been drawn up.

E. On March 4, 2014, the Deceased submitted a letter of withdrawal of the complaint to the Defendant and E (Evidence A 3) to the Southern Police Station.

F. On February 3, 2017, the Deceased died. The Deceased’s spouse G, his children H, and I reported the renunciation of inheritance to the Gwangju Family Court 2017Ra-72, which was decided on May 8, 2017, and the said court accepted the report, and the Plaintiff, the only heir, took over the instant lawsuit in this court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1, witness E of the first instance trial, the purport of the whole pleadings

2. On March 4, 2014, the Plaintiff asserted by the parties: (a) the Defendant agreed to pay KRW 85,000,000 to the Deceased in a criminal case pertaining to construction price; (b) the Plaintiff succeeded to the deceased; and (c) the Defendant’s inheritance was 85,00,000.