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. Facts of recognition;

A. On July 1, 2014, the Defendant determined the construction period of D New Construction Works in Suwon-gu, Suwon-si (hereinafter “instant New Construction Works”) as KRW 2,040,700,000 (including value-added tax) from July 2, 2014 to October 31, 2014.

In addition, the completion date of the construction was extended under the agreement of the parties.

B. On September 20, 2014, the Defendant issued a subcontract to the Plaintiff on October 1, 2014, with the period of construction from October 1, 2014 to November 30, 2014, with the payment of construction cost of KRW 68,00,000 (=value of KRW 66,00,000 value-added tax of KRW 2,000,000).

(hereinafter “instant subcontracted project”). Upon the project owner’s request for change of design, the Plaintiff carried out the instant subcontracted project under the agreement with the Defendant, and completed the instant subcontracted project on January 2015.

The Plaintiff demanded the Defendant to pay approximately KRW 12,000,000 as additional construction cost.

C. On October 24, 2014, the Defendant paid the Plaintiff KRW 20,00,000 as the instant subcontract price, KRW 35,000,000 on November 28, 2014, and KRW 5,000 on January 23, 2015.

On November 28, 2014, the Plaintiff issued to the Defendant a tax invoice consisting of KRW 50,000,000, tax amount of KRW 5000,000, and tax amount of KRW 5,000,00, which was paid by the Defendant up to the time.

E. On June 20, 2014, E delivered to the Plaintiff a name stating the Defendant’s position as the Defendant’s managing director at the time of the instant subcontracted work, who was registered as the Defendant’s outside director in the corporate register as the Defendant’s director.

On June 30, 2015, the Plaintiff, which requested the Defendant to pay the instant subcontract price, received a written confirmation (hereinafter “written confirmation”) stating the following from E.

“The instant subcontract construction cost of KRW 9,200,000 (i.e., value-added tax of KRW 7,000,000) is to be paid until October 31, 2015.”