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. The plaintiff is a business operator engaged in the business of removing buildings under the trade name B, and the defendant is a company that received a contract for the removal of central heating facilities from Jung-Eup apartment.

B. On September 2014, the Plaintiff (B) and the Defendant concluded a subcontract to remove the central heating system of the above apartment (hereinafter “instant contract”) and agreed to purchase the scrap metal generated during the process of removal by the Plaintiff, but settle the price with the Defendant, excluding the cost of removal, waste disposal, etc. under the instant contract.

C. On September 5, 2014, the Plaintiff and the Defendant drafted a contract for the removal of central heating facilities (Evidence 1, 201; hereinafter referred to as “contract as of September 5, 2014”) with respect to the instant contract. The contract as of September 5, 2014 is determined as follows with respect to the settlement and payment of the price. The amount of scrap after the removal of central heating facilities (Evidence 1) under Article 6 (Settlement and Payment of Price 1) of the Contract as of September 5, 2014 (Evidence 1), shall be KRW 105,00,000,000, and value-added tax shall be paid in full to the Defendant. The Plaintiff and the Defendant shall be paid in full by 20% of the total 20 million (Won 21,000,000,000,000 and value-added tax No. 940,000,000) by September 6, 2014.

The new draft was made on September 16, 2014, with regard to the settlement and payment of the price as follows. On September 16, 2014, Article 6 (No. 1) of the Agreement (Evidence A) signed on September 16, 2014 (Settlement and Payment of Price) restrict the cost of removal, waste disposal, etc.