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

Purport of claim and appeal

1...

A. On June 8, 2015, the Plaintiff entered into a contract with the Defendant to accept the instant construction cost of KRW 51,700,000 (including value-added tax; hereinafter the same shall apply) among the “construction works for underground oil storage facilities in the eromatic power plant and underground oil storage facilities” (hereinafter “the instant construction works”) ordered by the Incheon Korea Electric Power Corporation’s Regional Headquarters (hereinafter “Korea Electric Power”). On August 31, 2015, the Plaintiff increased the construction cost of KRW 53,90,000.

B. The Plaintiff completed the instant construction, but received only KRW 25,850,000 out of the construction price.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the Plaintiff’s assertion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28,050,000 which was not paid out of the construction price of the instant case (=53,900,000 - 25,850,000) and damages for delay calculated at the rate of 15% per annum from November 28, 2015 to the date of full payment, which is the day following the day of delivery of the instant complaint sought by the Plaintiff, as the day of completion of the instant construction work.

B. The defendant's assertion (1) is first asserted to the effect that the defendant agreed to reduce the construction cost of this case to KRW 51,700,000, but it is not sufficient to acknowledge the evidence No. 1 alone, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

(2) Next, the Defendant asserts to the effect that the Plaintiff, the Defendant, and the three Korean Power Holders agreed to pay the instant construction cost to the Plaintiff, and that the Defendant requested the Defendant to pay the instant construction cost directly to the Korean Power. As such, the remainder of the instant construction cost was paid by Korean Power and the Defendant’s obligation to pay the construction cost was extinguished.

According to the evidence Nos. 2 and 3, the fact that the original defendant and the Korean Power Co., Ltd. entered into a direct payment agreement on June 8, 2015.