1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On July 11, 2016, the Defendant, as the project owner, entered into a subcontract with the Plaintiff for the removal of the instant apartment construction among the new construction works of Kimhae-si (hereinafter “instant construction works”), with respect to the construction cost of KRW 66 million (including surtax) and the construction period from July 11, 2016 to September 10, 2016 (hereinafter “instant contract”).

B. On July 20, 2016, the Defendant paid to the Plaintiff KRW 10 million as the instant construction cost, and KRW 3 million as part of the intermediate payment on July 22, 2016, respectively.

C. On September 1, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that “The Plaintiff had been removed by an enterprise other than the Plaintiff, and there still existed a large number of wastes to be removed, and the Plaintiff did not carry out the instant construction. Therefore, at the same time, the instant contract is reversed and the construction cost is directly paid to the business entity in fact.”

On January 3, 2017, the Plaintiff: (a) confirmed that the Defendant paid the Plaintiff a total of KRW 23 million from July 20, 2016 to January 3, 2017; and (b) concluded a written confirmation with D that “The Defendant shall pay the Plaintiff a total of KRW 3 million for the unpaid construction cost and KRW 2.6 million for the construction cost plus KRW 2.6 million for the Plaintiff, along with the issuance of a tax invoice (hereinafter “instant written confirmation”).

E. On January 3, 2017, the Defendant paid KRW 10 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 3, 5 (including branch numbers, hereinafter the same shall apply), Eul evidence 4 and 8, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff prepared the instant confirmation document with D representing the Defendant. As such, the Defendant is obligated to pay the Plaintiff the construction cost and additional tax totaling KRW 5.6 million, and delay damages therefrom, according to the instant confirmation document. 2) Even if D does not have the right to settle the instant construction cost on behalf of the Defendant, even if it does not have the right to do so.