1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons for the court’s explanation of this case are as stated in the reasoning of the judgment of the court of first instance, except for adding or supplementing the judgment as described in paragraph (2) as to the assertion that the plaintiff added or emphasized at the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional supplementary judgment

A. The Plaintiff asserted that the judgment on the claim for penalty for breach of contract was erroneous in disregarding the judgment on the claim for penalty for breach of contract in the first instance court. However, according to the records, at the time of filing the lawsuit, the Plaintiff did not err in failing to make any decision on the claim for penalty for breach of contract in accordance with the construction contract in the instant case, since the Plaintiff claimed to the Defendant at the time of filing the lawsuit for penalty for breach of contract in the sum of KRW 10,50,500,000, total of KRW 21,900,000, and KRW 21,90,000, and KRW 21,000,000 due to nonperformance of contract in the first instance court’s preparatory document submitted in the first instance court, except for the claim for penalty for breach of contract and the claim for penalty for breach of contract clearly, the amount of compensation for breach of contract was extended to KRW 44

Therefore, the plaintiff's assertion is without merit.

B. The Plaintiff asserted that Defendant C should be jointly and severally liable for nonperformance with Defendant B by signing in the beneficiary column of the instant construction contract (Evidence A No. 1). However, the instant construction contract is written by only the Defendant B as the beneficiary, and only the content of the Defendant C’s account appears to have been written at the bottom of the beneficiary, and as alleged by the Plaintiff, even if Defendant C stated this part as alleged by the Plaintiff, it appears that Defendant C consented to the use of its account as the receipt account of the construction cost of the instant construction contract, and that Defendant C would be jointly and severally entitled to the instant construction contract with Defendant B.