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. The Plaintiff entered into a contract with the Defendant and the Defendant on each of the above construction works at around that time after receiving each of the construction works indicated in the “the name of construction” column at the time indicated below, and entered into an agreement with the Plaintiff to pay 81% of the amount calculated by deducting the industrial accident compensation insurance fee, stamp, etc. from the supply price (However, 95% of the construction works listed in the table 5 below) as the construction price.

(hereinafter “instant contract”). BDF GHEI

B. The Defendant performed the above construction work, and the Plaintiff paid a total of KRW 107,609,873 as shown in the attached Table 1 list with the account of the Defendant or the Defendant’s wife, etc.

C. The Plaintiff directly paid 91,063,522 won in total as material price and labor cost as shown in the attached Table 2 list related to each of the above construction works on behalf of the Defendant.

The defendant did not pay a total of 20,015,908 won in relation to each of the above construction works, construction cost, equipment cost, etc. as listed below:

K L MNO (based on recognition), entry in Gap evidence 1 through 24 (including branch numbers, if any) and the purport of the whole pleadings

2. The Plaintiff, which caused the Plaintiff’s claim, bears the Defendant’s obligation to pay the total amount of KRW 192,830,227 as the construction cost of each of the above construction works. However, the Plaintiff paid KRW 107,609,873 to the Defendant, and paid KRW 91,063,52 directly as the material cost, labor cost, etc. for each of the above construction works in lieu of the payment of the construction cost. As such, the Plaintiff paid the total amount of KRW 198,673,395 (= KRW 107,609,873, KRW 91,063,52) and the said obligation to pay the construction cost was extinguished

However, in violation of the instant contract, the Defendant did not pay KRW 20,015,90 to K, etc. a sum of KRW 20,015,90, and thereby suffered damages equivalent to the same amount from the Plaintiff.

Therefore, the Defendant’s KRW 20,015,908 and the instant case on the Plaintiff.