Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

1. Basic facts

A. The plaintiff is a person operating the unregistered construction business, and the defendant is a company running the construction business, etc.

B. On May 29, 2017, C entered into a contract with D for the construction of steel reinforced concrete structure on the ground leveling to three stories above ground level (hereinafter “instant building”) for the construction cost of KRW 465 million. Around that time, D subcontracted the part of the instant construction works of the instant non-construction and waterproof construction (hereinafter “non-construction and waterproof construction”).

(c)

D The completion of the new construction of this case was delayed, and C subcontracted the remainder of the new construction of this case to the Defendant around February 2018.

(d)

On February 10, 2018, the Plaintiff and the Defendant drafted a contract for the contract (hereinafter referred to as the “contract for the contract of this case”) with respect to the design and waterproof construction of this case as follows:

Public mission: The date of commencement of the waterproof and Flood Control Construction Work: The contract amount on February 10, 2018: 15.6 million won (excluding value added tax) - March 6, 2018: 500,000 won;

3. 22. : Payment of the balance after completion of construction 5 million won; and

E. On February 13, 2018, D: (a) it was impossible for C to complete the instant new construction project with its own force; (b) waived the said construction; and (c) drafted a letter of waiver of construction to the effect that the unpaid labor cost and material cost incurred prior to the said time would be responsible for it (hereinafter “each letter of renunciation of this case”).

F. C obtained approval from the Kimhae market on June 15, 2018 for the use of the instant building.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. On February 10, 2018, Plaintiff completed the instant non-design and waterproof construction by being awarded a contract with Defendant for KRW 15.6 million, and the Defendant is obligated to pay the said construction cost to the Plaintiff.

B. Defendant 1) The contract of this case is concluded by the Plaintiff D.