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. On February 14, 2012, with regard to the construction period between the Defendant and the Busan East-gu C Corporation and the Fire Fighting Corporation (hereinafter “the instant construction”). As to the construction period from February 14, 2017 to the same year as to the construction of the instant construction.

9. up to 15. The construction cost was determined as a total of 1 billion won (the construction cost of KRW 580,000,000 and KRW 420,000,000) and entered into a subcontract.

B. The Plaintiff received KRW 150 million from the Defendant, (i) KRW 20 million on January 19, 2017, ② KRW 150 million on April 25, 2017, ③ KRW 150 million on June 23, 2017, ④ KRW 100 million on August 1, 2017; (ii) KRW 100 million on August 31, 2017; (iii) KRW 60 million on September 25, 2017, KRW 70 million on December 16, 2017, and KRW 8 million on December 28, 2017, KRW 300,000 on the construction price in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 20 million, and delay damages therefrom, out of the total construction cost of KRW 1 billion, unless there are special circumstances.

B. As to this, the Defendant asserted that the Plaintiff agreed to reduce the construction cost of KRW 20 million, out of the total construction cost of KRW 1 billion after the completion of the instant construction work, and in full view of the purport of the testimony and pleadings by witnesses D of the first instance trial, the Plaintiff agreed with the Defendant to complete the instant construction work until September 15, 2017, but failed to complete the construction within the deadline for its completion. The Plaintiff’s representative E, the Defendant’s representative director D (the Defendant’s actual representative director was D, around July 8, 2017 and November 201, 207) at the time of the Defendant’s representative director D (the Defendant’s representative director was registered as the representative director, but the relative F was registered as the representative director) or at the construction site of the instant case, the Plaintiff decided to reduce the said construction cost of KRW 20 million by making use of the said fact known.