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. The facts of recognition (i) around 2013, around 2013, the Defendant ordered the instant construction work to the Samsung C&C Co., Ltd. (hereinafter “SP”) on one parcel of land, including Hancheon-gun, Seocheon-gun, etc. (hereinafter “instant construction work”). Accordingly, the contractor D ordered the instant construction work to the Plaintiff on February 17, 2013 (hereinafter “instant contract”). The Nonparty subcontracted the part of the floor construction of the instant construction work to the Plaintiff.

(hereinafter “instant subcontract”). The Plaintiff completed the four ridges construction after she completed the said four new construction works, and the Nonparty Company completed the said four new construction works, and obtained approval for the use of the said pents around December 20, 2013.

Article 2(1) of the Civil Act provides that “The construction work cost of the non-party company shall be settled at KRW 2,500,000 per square meter according to the actual construction area after completion of the contract of this case and the construction work of the non-party company on January 10, 2014.”

Applicant The non-party company transferred KRW 19,00,000, out of the claim for the construction cost under the instant subcontract on February 12, 2014, to the Plaintiff. On the same day, the non-party company notified the Defendant of the assignment of the claim, and notified the Defendant of the next day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4 and 7, the purport of the whole pleadings

B. According to the above facts of recognition, it is clear that the Defendant’s payment of construction cost to the non-party company is KRW 381,640,000 [=152.66 square meters = 37.452 square meters, 112.356 square meters, 112.356 square meters, 40.3 square meters] x 2,500,000].

However, according to the above evidence, according to the attached specifications of the contract of this case, the part of the stairs of second floor room is included in the construction area.