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. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for adding the judgment, which is identical to that of the following Paragraph 2, with regard to the matters for which the defendant asserts again in the trial of the first instance, and therefore, it shall be cited as it is by the main sentence of Article 420

2. Determination on addition

A. The Defendant’s assertion that the contract for the instant construction works was entered into between B and the Plaintiff, and the Defendant merely accepted the interior works from B during the instant construction works. As such, the Defendant did not have the obligation to pay the Plaintiff penalty for delay due to the delay of the instant construction works.

B. As seen earlier, as seen earlier, B contracted the instant construction from the Plaintiff on September 1, 2015, and according to the Plaintiff’s evidence No. 3, the Defendant appears to have been awarded a subcontract for the instant construction work from B on September 14, 2015.

However, the following circumstances, which are acknowledged as being comprehensively taken into account the overall purport of arguments in Gap evidence Nos. 2, 5, and 6 (including paper numbers), namely, ① the defendant prepares a contract form with the plaintiff as the contractor, the defendant as the contractor, and on September 14, 2015, the plaintiff as to the interior works as the contractor, the defendant as the contractor, the contractor, and the subcontractor as the subcontractor, ② the above contract form appears to have been prepared by Eul as the plaintiff, ② the defendant as the contractor, and the defendant as the subcontractor, ② the above contract form appears to have been prepared by the plaintiff as "the defendant as to the execution of the construction works in this case", ③ the defendant asserted that the above contract form was prepared in a form in order to obtain the performance guarantee insurance policy under the name of the defendant, but the performance guarantee insurance policy issued by the defendant in this case is not the plaintiff but the plaintiff.