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. In around 2011, the Plaintiff received a contract from the Defendant for construction work for the Busan Multi-Family Housing (hereinafter “instant construction work”). The construction work of this case resulted in KRW 55,000,000 (hereinafter “construction work of this case”).

B. The Defendant paid KRW 237,571,00 among the instant construction cost to the Plaintiff, and agreed to pay the remainder of KRW 317,429,00 (=55,00,000 – KRW 237,571,00; hereinafter “the remainder of the instant construction cost”) by July 31, 201.

C. As the Defendant did not pay the remainder of the construction cost of this case, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 100,000,000 out of the remainder of the construction cost of this case (Dasan District Court 2012Kadan16205) and rendered a judgment on November 9, 2012, stating that “the Defendant shall pay to the Plaintiff 10,000,000 won and interest calculated at the rate of KRW 6% per annum from August 1, 2011 to February 29, 2012, and 20% per annum from the next day to the day of full payment” was finalized as of November 29, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of this case the amount of KRW 217,429,00,000, excluding the amount of KRW 100,000, which became final and conclusive, and the amount of KRW 217,429,000, which is 6% per annum as prescribed by the Commercial Act from August 1, 201 to January 9, 2014, which is the delivery date of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases Concerning the

B. The Defendant’s assertion is that the instant construction work was executed by lending the name of the Plaintiff from the Plaintiff, and the actual construction work was conducted by C, so the Defendant is not obliged to pay the construction cost to the Plaintiff, and C.