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 following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 3, and 4, and Eul evidence Nos. 3 (including each number), with a comprehensive view to the whole purport of the pleadings. A.

The plaintiff has completed business registration under the trade name of "C", and is engaged in the construction business of sports facilities, etc., and the defendant is a contractor of construction works, etc.

B. On August 20, 2014, the Plaintiff entered into a construction subcontract (hereinafter “instant subcontract”) with the Defendant to the effect that the Plaintiff would receive a subcontract under each agreement from August 25, 2014 to September 20, 2014 (hereinafter “instant subcontract”) with respect to the construction cost of KRW 77,00,000 (including value-added tax) and the construction period of the instant construction work among the extension works for multi-purpose sports halls from the Defendant.

C. After that, the Plaintiff completed the instant construction work in accordance with the instant subcontract.

On September 6, 2014, the Defendant paid KRW 11,00,000 to the Plaintiff as the instant construction cost, and around October 2014, the Defendant paid KRW 28,350,000 to daily workers who were directly invested in the instant construction work.

2. Summary of the parties' arguments;

A. The Plaintiff entered into the instant subcontract with E, a site manager of the Defendant, for whom the power of representation was granted by the Defendant, and completed the instant construction in accordance therewith. However, the Plaintiff received KRW 28,350,000 as the construction price of the instant case from the Defendant on September 6, 2014, respectively, and did not receive KRW 37,650,000 (=7,000,000 - KRW 11,000,000 - KRW 28,350,000,000 - 28,350,000). Accordingly, the Defendant is obligated to pay the Plaintiff the balance of the construction price of the instant case in accordance with the instant subcontract and delay damages therefrom.

B. Defendant 1 and E.