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. Basic facts

A. On March 29, 2012, the Defendant entered into a new construction contract for accommodation facilities in Boan-gun, the construction cost of which is KRW 1.5 billion with Taean-gun, Inc. (hereinafter “Tan-gun”), and on March 11, 2013, the Plaintiff entered into a subcontract with the Daean-gun, the construction cost of which is KRW 181,50,000 with respect to the part of the interior works among the said construction contract.

B. In the event of the discontinuance of construction due to the bankruptcy on May 28, 2013, the Plaintiff and the Defendant agreed that the Plaintiff and the Defendant shall pay the Plaintiff the payment of the construction cost directly, and that the Plaintiff shall carry out the interior work interrupted.

C. In relation to this, on May 30, 2013, the Plaintiff and the Defendant drafted a certificate of payment (Evidence A 1) stating that “the Defendant promised to pay the remaining construction price of KRW 63.5 million to the Plaintiff.” On July 22, 2013, the Plaintiff and the Defendant issued a tax invoice of KRW 63.8 million in total (Evidence A) and KRW 5.8 million in value-added tax (hereinafter “value-added tax”).

The Defendant paid the Plaintiff KRW 5,80,000,000,000 as the remaining construction cost on July 22, 2013, and KRW 5,58 million on September 24, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence No. 4 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. On May 30, 2013, the Plaintiff’s assertion 1) written confirmation of payment of the remaining construction cost of KRW 63.5 million, and the Plaintiff and the Defendant settled the remaining construction cost of KRW 58 million, which was reduced by KRW 63.5 million from KRW 63.5 million, as well as KRW 58 million from KRW 5.5 million from KRW 63.5 million from KRW 63.5 million from July 22, 2013, the tax invoice of KRW 63.8 million ( KRW 5.8 million from KRW 5.8 million), which was issued on July 22, 2013, the Defendant paid only KRW 63.8 million, including value added tax, to the Plaintiff, and thus, the Defendant is obligated to pay the remainder of the construction cost of KRW 8.8 million from KRW 5.8 million, including the remainder of the construction cost claimed by the Defendant.