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 plaintiff at the court of first instance requested the return of the construction price of KRW 22,00,000, and the compensation for delay of KRW 1,650,000. The court of first instance rejected the claim for the return of the construction price and then dismissed the claim for the compensation for delay.

Accordingly, the defendant only appealed against the claim for the return of the construction cost, which is subject to the judgment of this court is limited to the above claim for the return of the construction cost.

2. Facts of recognition;

A. On January 15, 2016, the Plaintiff agreed to KRW 22,00,000 for the construction cost by awarding a contract to C with each of the land listed in the separate sheet (hereinafter “each of the instant land”) for stone construction works and rock removal works (hereinafter “instant construction works”). Around that time, the Plaintiff paid KRW 22,00,000 for the said construction cost.

B. On August 16, 2016, the Plaintiff prepared a contract for construction work with the Plaintiff, the contractor, the Defendant, the construction cost of KRW 22,00,000, and the completion date of the instant construction work on September 20, 2016 (hereinafter “instant contract”), and entered the following matters in the special agreement:

1. Succession to the Construction: The Defendant succeeds to all the construction contracts of the instant land concluded with the Plaintiff on January 15, 2016, and is responsible and completed by September 20, 2016.

In addition, civil and criminal liability shall be imposed on all matters arising from construction works.

2. Construction amount: The construction amount shall be KRW 22,00,000,000, which the plaintiff sent to C around January 2016.

In addition, the defendant does not require any additional amount for the Corporation.

3) Other matters 1) On the face of the cadastral map, the height of the remaining tin axis shall be determined on the basis of 3m high height of the utility pole. 2) The tin axis shall be constructed on the basis of a presentation drawing.

3) The defendant remove rocks from exposure to D forest land. 4) The defendant will perform stone construction work after the remaining boundary surveying.

C. On October 2, 2016, the Plaintiff is the Defendant.