1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

On June 10, 2014, the Defendant entered into a contract for construction works to build a “D” factory on the land (hereinafter referred to as “instant construction works”) on the land (hereinafter referred to as “D”) other than 1,343,000,000 won for the construction work (excluding value-added tax) and from June 25, 2014 to October 20, 2014, the construction period of which was fixed from June 25, 2014 to October 20, 2014, the Defendant entered into a contract for construction works to build a “D” factory on the land (hereinafter referred to as “instant construction works”). After which the construction price was increased to KRW 1,537,800,000 (including value-added tax) and the construction period was extended to January 31, 2015.

(hereinafter “the instant construction contract”). The Plaintiff leased the temporary materials to be used for the instant construction to the west General Construction with the usage fee of KRW 50,000,000 (hereinafter “the instant temporary materials use contract”), and the west General Construction performed the instant construction by using the said temporary materials leased from the Plaintiff.

On January 19, 2015, the Plaintiff provisionally attached the claim for the construction cost against the Defendant under the instant contract for the construction of the Yellow Sea Construction based on the claim for payment of the usage fee under the instant contract for temporary re-use.

Accordingly, on January 27, 2015, the Defendant drafted a statement of direct payment that the Defendant would directly pay KRW 50,000,000 to the Plaintiff at the time of settling the remainder of the construction in this case (hereinafter “instant statement of direct payment”). The Plaintiff revoked the provisional attachment around that time.

By February 4, 2015, the construction was performed and waived the construction. At the time of the discontinuance of the construction, the utility rate is 58.25%, and the construction cost for this portion is 895,796,000 won in total (value-added 81,436,00 won in value-added 81,436,00 in value-added 81,46,000 in total), and the construction cost paid by the Defendant to the Seo Sea General Construction is 838,329,061 won in total.

On the other hand.