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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for adding the judgment, which is identical to that of the following Paragraph 2, with regard to the matters for which the defendant asserts again in the trial of the first instance, and therefore, it shall be cited as it is by the main sentence of Article 420
2. Determination on addition
A. The Defendant’s assertion that he received KRW 1,362,00,00 from the Plaintiff and K respectively for a total of 5.5 to 6 days of work, and received KRW 1,362,00 as soil value, and KRW 3,630,00,00 from the Plaintiff and K for a flat work. The above KRW 1,362,00,00 as it is was remitted to the Soil Supply Agency. The above KRW 3.633,00,000 as it is calculated based on ordinary daily ordinary daily ordinary daily ordinary daily ordinary daily ordinary daily ordinary work cost, and thus, the Defendant did not have received any other payment from the Plaintiff for soil supply in addition to ordinary work.
Therefore, the defendant entered into a contract only for the ordinary work, and the procurement of soil is limited to the work without compensation for the plaintiff, and there is no contract for work. Therefore, even if there is a defect in the quality of the procured soil, it does not bear the warranty liability as the contractor.
B. In full view of the purport of the entire pleadings in the statement No. 2 of the judgment, the Defendant, on January 8, 2016, transferred KRW 1,7250,000,000 from the Plaintiff and K, plus KRW 1,362,00,000 and KRW 3.632,00,000,000,000 from the Plaintiff and K, and remitted KRW 1,362,00 among them to the account of the J, which is the soil supply source.
However, it is not sufficient to acknowledge the fact that the Defendant’s period required to conduct flat work on the instant land and K’s land reaches 5.5 to 6 days, solely with the descriptions of the evidence Nos. 1 and 3, and there is no other evidence to acknowledge it.
Rather, the defendant's statement is based on the statement made by the defendant on the sixth day for pleading in the first instance court.