1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From May 2010, the Defendant: (a) obtained permission for the use of 605 square meters for drainage among the State-owned land in the Pakistan-si, the land owned by the said clan; (b) opened village access roads to G forest land and land owned by the said clan and land owned by E adjacent thereto; and (c) discussed that construction permission for each of the said land should be obtained.

In addition, around that time, the defendant and E concluded a contract with H on the construction cost of KRW 15 million and agreed that the construction cost shall be borne by half.

B. Since then, H tried to start the underground drainage facility construction, but there were problems such as filing a civil petition to the public viewing by neighboring residents. On December 2010, H introduced the Plaintiff to the Defendant and E, thereby resolving civil complaints and performing the remaining construction work. The construction cost increased to KRW 35 million.

C. On April 201, the Plaintiff submitted the power of attorney from the Defendant to the Si of Pju, and received a permit from the Si of Pju for the use of the said Fitch from the Si of Pju on June 2011, and performed the construction of the drainage pipe laid underground.

Meanwhile, the Defendant paid KRW 16 million to H from June 2010 to May 201, 201. Around March 2011 and around August 2011, the Plaintiff paid KRW 1.5 million to the Plaintiff’s subordinate construction business operator I in total.

[Ground of recognition] Facts without dispute, Gap's statements and images of Gap's evidence 1, 4, 6, 8 through 13, each statement of Eul's evidence 1 to 5 (including provisional numbers), party witness E, and H's testimony and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff received only KRW 15.5 million out of the construction cost of KRW 35 million from the Defendant or H and did not receive the remainder of KRW 19.5 million. Thus, the Defendant is obligated to pay KRW 19.5 million and delay damages therefrom.

3. In light of the above facts of determination, the defendant and E determined that half of the construction cost shall be borne by the defendant and E, and the defendant shall be H on January 1.