1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On March 29, 2014, the NeneS Co., Ltd. (hereinafter “NeneS”) contracted the construction period to G Co., Ltd. (hereinafter “G”) with the construction cost of KRW 1.32,615 million, and the construction cost of KRW 1.32,615 million, each of which was set at KRW 1.32,615 million, and the Defendant and H jointly and severally guaranteed the obligation under the said contract.

B. On May 2, 2014, G: (a) fixed the construction period from May 2, 2014 to November 15, 2014; and (b) fixed the construction cost as KRW 480,000,000 for each of the new construction works of this case to E, who signed a contract.

C. From June 1, 2014 to October 30, 2014, E: (a) the construction period was fixed to the Plaintiff from June 1, 2014 to October 30, 2014; and (b) the construction cost was set at KRW 110 million; and (c) the construction cost was contracted for the creative and steel construction among the completed construction works.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (including household number; hereinafter the same shall apply), Eul Nos. 1 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant alleged that the instant new construction was awarded a contract for the instant construction in the Nenes, and subcontracted the completed construction to E, and E subcontracted the construction and steel construction among the finishing construction to the Plaintiff.

Although the Plaintiff completed the subcontracted construction work, the Plaintiff received only KRW 50 million as a progress payment, and the Defendant agreed to pay the remainder construction cost of KRW 60 million to the Plaintiff directly.

Therefore, the defendant is obliged to pay the remaining construction cost of KRW 60 million to the plaintiff.

B. If the seal imprinted by his/her seal affixed to a document to be written, barring any special circumstance, it is actually presumed that the authenticity of the seal imprint was created, i.e., the act of sealing is based on the will of the person who prepared the document. Once the authenticity of the seal is presumed, the authenticity of the document is presumed to have been created pursuant to Article 329 of the Civil Procedure Act, but such presumption is factually presumed as above.