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. Determination as to the cause of claim

A. On or around September 2012, the Plaintiff entered into a contract with the Defendant and the Daegu Dong-gu (hereinafter “instant contract”).

(2) The Plaintiff entered into a contract with the following content. Of the construction price of KRW 48,40 million (including value-added tax), KRW 10,000,000,000 for the down payment on October 10, 2012, and the remainder on December 27, 2012, from September 26, 2012 to September 27, 2012, the construction period of the said interior works was completed, but the Plaintiff was not paid KRW 18,40,000 out of the construction price by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3-1 and 2, the purport of the whole pleadings

B. According to the above findings of determination, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 18.4 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from December 28, 2012 to November 26, 2013, the delivery date of a copy of the complaint in this case, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, barring special circumstances.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) Defendant D Co., Ltd. (hereinafter “D”).

In order to establish a franchise store of D, the Plaintiff and the instant contract were concluded. After having requested D to adjust the construction price, the Defendant made an agreement with D to reduce the construction price of KRW 30 million upon consultation with D, and the Defendant paid all the reduced construction price of KRW 30 million to the Plaintiff. As such, the construction price under the instant contract was fully paid to the Plaintiff. Even if there was no agreement on the payment of KRW 30 million among the construction price, the Plaintiff was paid to the Defendant and delivered documents necessary for cancellation of the right to collateral security created under the pretext of collateral security, and the Plaintiff was exempted from the remainder of the construction price at the time.