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. On February 4, 2014, the Plaintiff entered into a subcontract with the Defendant for construction work C (hereinafter “instant construction work”) with respect to construction work period of KRW 269,50,000 (including value-added tax) from January 2, 2014 to April 2, 2014.

B. On October 31, 2014, the Defendant paid the entire amount of the instant construction payment, including remitting KRW 13,475,000 to the account held in the Plaintiff’s name. The instant construction was completed around August 2014 by the Corporation.

[인겅근거] 다툼 없는 사실, 갑 제2호증의 1 내지 4, 을 제2호증의 5의 각 기재, 변론 전체의 취지

2. Summary of the parties’ assertion

A. As the Plaintiff’s assertion delays in the prior process of the instant construction project, the Plaintiff incurred additional costs by inserting the number of additional workers, etc. Accordingly, the Defendant agreed to pay KRW 900,000 as construction price to the Plaintiff as the settlement of the said additional costs on August 28, 2014. As such, the Defendant is obliged to pay the said construction price of KRW 990,000 to the Plaintiff and the damages for delay.

B. The Defendant asserted that there was no such agreement between the Plaintiff and the Plaintiff, and the evidence No. 3 (subcontract) was forged.

3. The following circumstances, which are acknowledged by comprehensively considering the overall purport of each description and pleading of evidence Nos. 3, 7, and 8 (the description of evidence No. 3-1, 4-2 on the charge of forgery of evidence No. 3) as follows: ① the Plaintiff concluded the instant construction contract with the Defendant by introducing a representative E of D jointly with the Defendant, and conducted the instant construction work together with D, ② the Plaintiff added night work and additional work number for an objection to only raise an objection.