1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

1. Basic facts

A. 1) The F’s new construction process of the instant aggregate building is a neighborhood living facility with the size of 2 underground floors and 10 stories above ground on the ground of 530.9 square meters in Nam-gu, Incheon Metropolitan City (hereinafter “instant aggregate building”).

Around October 1, 2005, a new construction of the instant aggregate building was ordered to be executed with the construction cost of KRW 2.73,7140,000 and the construction period of KRW 12 months to the Bolar Construction Co., Ltd. (2) On November 3, 2006, the construction of the instant aggregate building was suspended under the progress of the construction of the aggregate of the second floor above ground and the third floor of the ground.

3) Around August 2007, F entered into a contract with E to transfer all the business rights related to the construction of the instant aggregate building, which was implemented by F, to E. 4) E, after establishing G to carry out the new construction of the instant aggregate building, determined the construction cost of the said construction from October 10, 2007 to March 20, 2008.

By October 30, 2008, Myun (Seoul Special Metropolitan City Construction Co., Ltd.) suspended construction before completion of the aggregate building up to 10th floor of the aggregate building of this case, and completed the aggregate building of this case around October 30, 2009 through a modified contract, etc. to extend construction period.

B. The Plaintiff’s claim 1) Meanwhile, around January 2009, E entered into an agreement with the Plaintiff to work as the head of the site office in relation to the construction of the instant aggregate building, and to pay the expenses incurred in the construction after the settlement of accounts thereafter. (2) Accordingly, from February 2, 2009 to August 30, 2009, the Plaintiff purchased materials while working as the head of the site office at the construction site of the instant aggregate building, and mobilized human parts, thereby completing waterproof construction and completion (hereinafter “the instant construction”).

3. On September 1, 2009, E and the Plaintiff settled the costs to be paid by E in connection with the instant construction work as KRW 118,550,00, and at the time as E’s wife.