1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. On April 2016, the Defendant concluded and completed a construction contract with the Plaintiff for the 14,300,000 won for the construction cost of the instant construction work, but failed to receive the payment of the said construction cost.

B. Accordingly, on May 16, 2017, the Defendant filed a lawsuit against the Plaintiff and E with the Suwon District Court 2017 Ghana11375, and received a decision on performance recommendation from the above court on July 18, 2017 that “the Plaintiff shall pay to the Defendant the amount of KRW 14.3 million per annum from April 26, 2016 to the date of delivery of a duplicate of the complaint, and the amount of money calculated at the rate of 15% per annum from the next day to the date of full payment” (hereinafter “the instant decision on performance recommendation”). The instant decision on performance recommendation was finalized on August 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that (i) the claim against the Plaintiff was already dismissed in the Suwon District Court case No. 2015Da207066, or (ii) the Plaintiff extinguished by paying KRW 11 million to the Defendant; and (iii) even if the claim for construction cost exists, the Plaintiff’s claim for construction cost was disposed of against the defect costs of the contractor due to the defect in the construction work executed by the Defendant.

B. The burden of proof as to the grounds for objection in a lawsuit seeking objection of the relevant legal doctrine is in accordance with the principle of allocation of the burden of proof in general civil procedure. Therefore, in a case where the Plaintiff asserts that the claim was not constituted in a lawsuit seeking objection against the final decision of performance recommendation, the Plaintiff is liable to prove the cause of the claim to the Defendant, and the claim is null and void or extinguished by repayment.