1. Of the judgment of the court of first instance, KRW 12,500,000 against the Plaintiff and its related thereto from November 11, 2015 to October 19, 2016 to the Plaintiff.

1. Basic facts

A. On January 7, 2015, the Plaintiff entered into a construction contract with the Defendant for the construction work with the cost of construction KRW 37 million and the construction period from January 7, 2015 to February 2, 2015, regarding the housing of the third floor and the housing of the second floor owned by the Plaintiff (hereinafter “instant construction work”).

B. Accordingly, the Plaintiff wired KRW 10 million per contract date to the account in the name of the Defendant for construction cost, and KRW 20 million on February 2, 2015. Upon the Defendant’s request, on January 20, 2015, transferred KRW 2,50,000 to D, the constructor installing sn beamline, as the reinforcement construction cost, as the construction cost, and paid KRW 32,50,000 as the construction cost of the instant construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, 11, and 12, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion did not complete the construction work in the air promised by the Defendant and suspended the instant construction work, and the Plaintiff completed the remaining construction work through another constructor. As such, the Defendant is liable to compensate the Plaintiff for the remaining construction cost of KRW 17 million.

B. Defendant’s assertion 1) immediately after the conclusion of the instant construction contract, the Defendant transferred all of the instant construction contract to E on the grounds of health, and the Plaintiff agreed and implemented the instant construction project. As such, the Plaintiff’s claim against the Defendant by the Defendant is without merit. 2) Even if the Defendant was responsible for the instant construction project, the remaining construction cost necessary at the time of the discontinuance of the instant construction project would be limited to KRW 7 million, and the Defendant would offset the unpaid construction cost by KRW 4.5 million ( KRW 37 million-32.5 million) against the Defendant’s unpaid construction payment claim against the Plaintiff. Thus, there is no liability for the Defendant to exceed the above amount.

3. Determination

A. The evidence, Gap evidence Nos. 4 and 8, which was incurred prior to whether the defendant is a party to the contract, and the purport of the whole pleadings.