The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

1. Facts of recognition;

A. From September 2016 to August 2017, the Plaintiff received an oral re-subcontracting work with respect to construction of Daegu C site, Busan G site, Daegu H site, etc. with respect to construction of a receiving household, and completed each of the above construction works by the Defendant, the subcontractor of the construction project, who is a subcontractor of the construction project, who engages in the business of installing a receiving household under the mutual name of “I”.

B. On January 11, 2017, the Defendant prepared a loan certificate to the effect that the Plaintiff has a claim for payment of KRW 8 million of the construction cost (hereinafter “the loan certificate of this case”) with respect to the payment of each of the above construction cost.

In addition, on October 21, 2017, upon the Defendant’s request, the Plaintiff drafted a written confirmation of unpaid wages (hereinafter “instant confirmation”) stating that “the construction cost that the Plaintiff was not paid by the Defendant in relation to the Daegu H site is KRW 14.6 million” (hereinafter “the Plaintiff”).

C. After the Defendant drawn up the instant loan certificate, the Defendant remitted the Plaintiff the amount of KRW 3 million on August 31, 2017, and KRW 7 million on June 11, 2018.

[Ground for Recognition: Facts without dispute, Gap evidence, Gap evidence, Gap evidence, Gap evidence, Gap evidence, the purport of whole pleadings]

2. The party's assertion and judgment

A. According to the above facts, the defendant is obligated to pay the plaintiff the loan certificate of this case and the unpaid construction cost according to the confirmation of this case. The defendant is obligated to pay the plaintiff the total amount of KRW 12.6 million (=8 million + KRW 14.6 million + KRW 3 million - seven million after the plaintiff completed the construction, which is reasonable to dispute over the existence and scope of the defendant's obligation from March 26, 2019 to October 7, 2020, the date following the delivery date of the original copy of the payment order of this case pursuant to the plaintiff's request, which is 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment.