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 August 2017, the Defendant awarded a contract to Co-Defendant C (hereinafter “C”) of the first instance trial on the construction of a new house on D ground in the netcheon-si, 2017, and C subcontracted the part of the structural construction among the new construction works to the Plaintiff.

The plaintiff supplied his own building materials according to the above subcontract and completed the structural construction work.

B. The Plaintiff urged the Plaintiff to pay the construction materials and aggregate construction cost of KRW 14 million (hereinafter “instant construction cost”) to C, and C around September 8, 2017, issued to the Plaintiff a written consent of direct refusal in the name of the Defendant that “the Defendant would pay the instant construction cost to the Plaintiff by September 30, 2017.” (Evidence 1; hereinafter “instant written consent of direct refusal”).

C. On September 30, 2017, the Defendant remitted KRW 1 million to the Plaintiff.

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

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Defendant promised to pay the instant construction cost to the Plaintiff. Therefore, the Defendant is obligated to pay the instant construction cost to the Plaintiff. 2) The Defendant’s summary of the Defendant’s assertion, around August 2017, reduced the construction cost to KRW 50 million between the contractor C and the subcontractor, and made a statement of direct payment (No. 1) to E Co., Ltd. and paid KRW 50 million to the other subcontractor.

However, the Plaintiff did not agree to prepare a written consent to the instant direct payment or to make a direct payment for the instant construction cost.

(C) upon request of C, one million won was remitted to the Plaintiff under the name of the value of Madro (one million won) and it was decided to deduct it from the construction cost of C).

Judgment

Under the following circumstances, the basic facts are revealed by the entry of No. 3 and the purport of the entire pleadings, namely, the Plaintiff, who requested the payment of construction cost on several occasions, as the case of “C” corporation E.