1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance, which cited the same as the reasoning of the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except when the judgment is used or added as follows.

2. The second part of the judgment of the court of first instance stating that “the lawsuit claiming the construction cost of KRW 111,352,530” is “the lawsuit claiming the construction cost of KRW 105,253,800 and damages for delay.”

The third-party 1 to 5 of the judgment of the court of first instance are as follows.

A person shall be appointed.

D. On November 25, 2015, the construction filed a lawsuit against the Defendant (Seoul District Court Decision 2015Gahap15972, hereinafter “ separate lawsuit”) claiming the payment of the instant subcontracted project (Seoul District Court Decision 2015Da15972, Nov. 25, 2015), and the Defendant paid KRW 62,200,000,000, out of the total construction cost of KRW 55 million, and the remainder of the construction cost of KRW 313,00,00 (=88,50,000 + KRW 5,62,000,00) and the remainder of the construction cost of KRW 537,70,7048,7137,3718,371,7537,71,741,7537,71,751, etc. of this case, which had been served on the Defendant from May 1, 2015 to August 13, 20137.

E. On March 31, 2017, the Daegu District Court rendered a judgment of the first instance that “the Defendant shall pay 155,648,882 won and the amount calculated at the rate of 6% per annum from October 27, 2015 to March 31, 2017 and 15% per annum from the next day to the date of full payment,” on the ground that “the remainder, which remains after deducting the amount repaid by the Defendant for the construction of sea and the amount seized according to the collection order of this case, is KRW 155,648,882, and the amount of the subcontracted construction of this case.”

F. Accordingly, the Defendant appealed (Tgu High Court 2017Na21832), and the Daegu High Court was the Defendant on June 21, 2018 at the end of the review of the appellate court of a separate lawsuit.