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 12, 2014, the Defendant concluded a contract to pay KRW 680,000 as down payment, 50,000,000 as down payment, 50,000 as well as 50,000,000 as to the completion of the structural frame of the third floor, 50,000,000 as to the completion of the structural frame of the third floor, 50,000,000 as to the completion of the rooftop tower, and 50,00,000,000 as to the remainder as rent.

B. On March 20, 2014, while the Plaintiff subcontracted to KRW 213,00,000 for the structural value of the pelvis construction during the said new construction project, the Plaintiff entered into a subcontract to pay KRW 50,000 for the first completed portion of KRW 50,000 for the second completed portion of KRW 40,000 for the second completed portion of KRW 40,000 for the second completed portion of KRW 40,000 for the second completed portion within three days after the slvelment of the sixth story, within three days after the 3th anniversary of the slvelment of the slvelst, the third completed portion of KRW 40,00 for the third completed portion, and within 83,00,000 for the third completed portion of KRW 30 days after the third roundlment of the slvel.

C. Around June 10, 2014, the Plaintiff completed the pelvis construction, but did not pay the remainder of construction cost of KRW 83,000,000 to the Plaintiff.

On the other hand, on June 23, 2014, the Defendant and well-dying Construction agreed to directly pay the remainder of KRW 83,000,000 to the Plaintiff, a sewage supplier, who is the owner, to the Plaintiff (hereinafter “instant written consent to the direct payment”). The Defendant signed and sealed the written consent to the direct payment of KRW 83,00,000.

E. On July 17, 2014, the Plaintiff requested the payment of the remainder of the construction price for the well-known Construction. On July 23, 2014, the Plaintiff notified the Plaintiff of the details of the written consent on the direct payment of the construction price, and thereafter, on September 5, 2014, the Plaintiff received KRW 5,000,000,000 in total from the Defendant on November 10, 2014, and KRW 4,00,000,000 in total from the Defendant on December 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 5, and 6 (including paper numbers), the purport of the whole pleadings

2. Determination

A. We examine the judgment on the cause of the claim, and examine the above facts of recognition, the defendant who is the ordering person and the contractor.