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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is to dismiss the “refinite, etc.,” as the “definite, etc.,” under the third bottom of the judgment of the court of first instance, and to delete the part of the “(the Plaintiff is indicated as the third obligor, but the Plaintiff did not sign and seal it)” under Article 13 of the 9th 13. As to the part claimed by the Defendant as the grounds for appeal, the reasoning of the judgment of the court of first instance is as indicated in the reasoning of the judgment of the court of first instance, except for the additional or supplementary decision as follows. Thus, it is acceptable
2. Additional or supplementary judgment
A. The summary of the grounds of appeal 1) In light of the following circumstances: (a) the Defendant’s claims transferred from E from March 19, 2010 to May 31, 2010; (b) the Defendant supplied E with materials such as E such as E-type river (H); and (c) the amount of KRW 326,741,690; and (b) the Plaintiff’s claims for rent, such as other workshops and power plant, are KRW 328,800,000; (c) the Plaintiff finally approved the Plaintiff’s obligations or given up the benefit of extinctive prescription; (a) the Plaintiff did not extinguish the claims transferred from E due to the Plaintiff’s failure to perform the construction; (b) even if the Plaintiff supplied E-type river with steel structure construction from the date of the instant new construction project without any financial capacity to pay the materials for the construction of the new construction project, it was unable to pay the materials for the construction after the completion of the construction project; and (b) the Plaintiff and the Plaintiff were subsequently terminated the instant subcontract.
Since then, E concluded a subcontract agreement on the instant new construction works retroactively as of March 5, 201, which was not paid due to the supply of materials to the J company and the comprehensive construction of the instant new construction works.
C. On April 26, 2013, the Plaintiff drafted the instant payment agreement to the Defendant.