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

Purport of claim and appeal

The first instance court.

A. On May 16, 2014, the Plaintiff entered into a contract with the Defendant for the construction period for the extension of the Multi-Purpose D High School (hereinafter “instant construction”) located in B and nine parcels of land, namely, from May 12, 2014 to January 6, 2015; the cost of the responsible construction is KRW 1 billion; and the Plaintiff’s construction cost is KRW 1 billion as the site manager; and the Plaintiff is responsible and completed the said construction work (hereinafter “instant contract for the execution of responsibility”).

B. The Plaintiff completed the instant construction work around February 2015.

[Ground of recognition] Unsatisfy, entry of the evidence No. 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is the head of the responsible field office, and disbursed the sum of KRW 58,758,572, including various materials and expendable expenses, which the Defendant was responsible for the instant construction project. As such, the Plaintiff sought payment of KRW 58,758,572, paid to the Defendant. If the Plaintiff deemed to have a contractual relationship upon entering into a contract with the Defendant for the instant responsible construction project, the Defendant is obligated to pay KRW 1,097,59,390 (i.e., value of KRW 1 billion (value of value of KRW 73,558,819) under the contract for the instant responsible construction project, and thus, the Defendant is obligated to pay KRW 53,697,868 of the unpaid balance.

B. It is not sufficient to recognize that the Plaintiff spent the total of KRW 58,758,572 in relation to the instant construction project solely on the basis of the 1 construction cost claim, Gap evidence Nos. 2, 3, and 4 with respect to the construction cost, labor cost, etc., and there is no other evidence to acknowledge otherwise.

Even if the expenses paid by the Plaintiff were invested in the instant construction project, as seen earlier, the Plaintiff entered into the instant construction contract with the Defendant, and according to the terms of the said contract, the Plaintiff is entitled to claim KRW 1 billion for the cost of the responsible construction after completion of the construction project.