The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On August 28, 2018, the Plaintiff and the Defendant entered into a construction contract with the Plaintiff with the content that the construction cost shall be KRW 90,200,000 (including surtax) with respect to the construction work for solar power infrastructure in Jindo-gun E (hereinafter “instant construction work”) and the construction period shall be set as two months from September 1, 2018, the starting date, and the construction period shall be set as two months from September 1, 2018, and the construction contract (hereinafter “instant construction contract”).

B. On March 5, 2019, the Defendant paid the Plaintiff a total of KRW 120,755,565 (including additional taxes) with the amount agreed between the Plaintiff and the Defendant as the final construction cost including the additional construction cost. The Defendant sent to the Plaintiff a notice that “The Defendant would review the payment of KRW 105,360,70 (including the prepaid payment of KRW 69,120,000) with the construction cost, and KRW 21,240,700 with the purchase cost of the material that was paid on January 1, 2019.” The Defendant’s payment of KRW 15,394,095 with the construction cost that the Defendant did not pay to the Plaintiff in relation to the instant construction contract is KRW 15,395,00,000 with the usage fee of the equipment claimed by the Plaintiff, but without the Plaintiff’s submission of the materials.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. While the Plaintiff had been implementing the instant construction project, the additional construction project was conducted at the Defendant’s request (hereinafter “instant additional construction project”). The fact that the Defendant’s payment of the construction cost, including the instant additional construction cost, was 15,394,095, did not conflict between the parties, and the Defendant confessioned that the Plaintiff did not pay KRW 15,394,095 for the total construction cost, including the additional construction cost, and that the Defendant did not pay KRW 15,395 to the Plaintiff.