1. Revocation of a judgment of the first instance;

2. The Defendant shall pay KRW 36,355,00 to the Plaintiff and its related costs from October 16, 2015.

1. Basic facts

A. The Plaintiff is a person engaged in construction business, such as subdrid and light steel framed materials, with the trade name of “C,” and the Defendant is a company engaging in earth construction business, etc.

B. On September 20, 2012, the Plaintiff sent the Defendant a “statement” (Evidence A 1) as follows by facsimile.

TO: B (F on-site) the Corporation name/PROJEC T Board, and the 20 September 2012 Date of the Natural Party Construction, the amount / AMO UNT C, C,00,000 won of the said Corporation.

The product name DCRTRIPTOO standard SPIT unit price 1800,500,500,0000 square meter 180,500,800,000,000 A/L 10,800,000 A/L 400,000 7,200,000 〃 300,40,000,000 A/L 30,000,00 A/L 30,00,00 A/L 1,004,004,00,000,000 A/L 4,000,004,00,40,000,40,40,40,000, 4,000,4,000, 4,0004,00,000, 00,00, 6330, 2305, 200, 2005, 2000

C. From September 23, 2012 to October 22, 2012, the Plaintiff each of the following construction works.

(i) Gwangju City D (Adong) 1, 2, and 3 Incheon District Panel Corporation 2) Gwangju City H (B Dong) 2 Incheon City H(B) 2 Incheon District Panel Corporation

D. On September 25, 2012, the Defendant paid KRW 33,000,000 to the Plaintiff as construction cost.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 15, Eul evidence 2 (including each number; hereinafter the same shall apply) and images, Eul's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was set at KRW 63,050,000 (excluding value-added tax) for all of the panel works on the said construction site from the Defendant, and the Plaintiff was sub-subcontracted and executed.

The Plaintiff claims that the Defendant pay the remainder of the construction cost, excluding the total construction cost of KRW 33,00,000,000 ( KRW 63,050,000 ( KRW 63,050,000 x 0.1), including value added tax, to the Defendant for the payment of KRW 36,35,00,00 and delay damages.

B. The summary of the Defendant’s assertion is at the construction site.