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. Basic facts

A. On July 11, 2013, the Plaintiff: (a) received construction work for the removal of the Nam-gu C factory from the Sypt Korea Co., Ltd. (hereinafter “instant construction”) at KRW 186,000,000 for the construction cost (excluding value-added tax; hereinafter the same shall apply) from the Republic of Korea.

B. On July 30, 2013, the Plaintiff made an oral promise to subcontract the instant construction work to Co-Defendant B at the first instance trial, and the Plaintiff agreed to conduct the instant construction work with the Defendant, who is not entitled to perform the said construction work, and on July 30, 2013, the Plaintiff and the Defendant agreed to accept the instant construction work at KRW 98,00,00 (Evidence 2-1).

The above agreement states that the defendant purchases the scrap metal generated during the instant construction (general scrap metal of KRW 310/km, KRW 100/km, KRW 1,100/km, KRW 1,200/km, and the proceeds are settled in each share and deposited to the plaintiff.

C. On August 2013, the Plaintiff, the Defendant, and B drafted a written agreement by modifying the contractual terms as follows:

(2) The Plaintiff shall pay KRW 500 per kilogramg to the Defendant (including labor cost, 180,000, 1800, 2000, 300,000,000 won and 500,000 won per kilogramg after measuring the unit price of the scrap metal to be paid to the Plaintiff by the Defendant to the Plaintiff (hereinafter referred to as the “instant agreement”). ① The Plaintiff shall pay to the Defendant KRW 500 per kilogramg of the tank (including heat exchange units) by means of measuring the weight of the tank (including heat exchange units)

D. The instant construction completed around October 2013.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2 (including paper numbers, hereinafter the same shall apply), pleading.