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. B, under the trade name of “C Construction”, operated a construction company, was awarded a contract with D for the construction of three studio-building on the first ground of Kimpo-si, Kimpo-si, where D owned (hereinafter “the instant studio-building construction”).

B. On April 25, 2010, the Plaintiff entered into a construction contract with B, which stipulates that construction amount shall be KRW 50,000,000 with respect to the studio-new construction works in the instant construction works (hereinafter “instant construction works”). The construction cost was divided into KRW 15,00,000 and the remainder into KRW 35,00,000,000, and the remainder shall be paid immediately after completion.

C. On October 13, 2010, with respect to the instant studio construction work, the Defendant and B drafted a performance memorandum (hereinafter “instant performance memorandum”) stating that “the Defendant is responsible for and the completion of construction works within 45 days, and all other documents following the tax invoice and the completion are responsible for C Construction.”

On December 2010, the Plaintiff completed the instant construction, and on June 14, 2011, the registration of preservation of ownership was completed in the name of D with respect to the building Nos. 1 through 3 on the I’s ground (hereinafter “instant building”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 3-1 to 3-4, Eul evidence 4, Eul's testimony of witness B of the court of first instance and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties concerned: (a) the Plaintiff commenced the instant construction, but ceased construction due to the payment of the construction cost; (b) the Defendant is liable for the construction cost for the instant construction work; and (c) a promissory note with a face value of KRW 15 million, stating the Defendant’s endorsement, is delivered from the Defendant, under the pretext of the commencement fee for the instant construction work.