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. In order to construct a processing factory on the ground B at the Papju, the Defendant contracted the Plaintiff with the work of reclaiming the project site and arranging the site in the amount of KRW 3 million in the construction cost.

B. On July 15, 2016, the Defendant paid KRW 3 million to the Plaintiff.

C. Since then, the Minister of Land, Infrastructure and Transport brought about the issue that "the high-level balance of buried site should be maintained for the approval of factory construction", and the Defendant again awarded a contract to the Plaintiff for the removal of soil and sand and the adjustment of site for the project site.

(hereinafter referred to as “instant contract”). 13 million won is agreed to pay 150 million won for the purchase of soil (soil) to B by July 27, 2016. D.

Upon entering into the instant contract, on July 14, 2016, the Defendant drafted a written confirmation of payment for construction cost containing the following contents to the Plaintiff.

E. On September 1, 2016, the Defendant paid KRW 4 million to the Plaintiff out of the construction cost under the instant contract.

[Ground of recognition] without any dispute, Gap's evidence 1, Eul's evidence 1]

2. The Defendant does not pay the remainder of the construction cost of KRW 13 million under the instant contract, and the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 4 million, barring any special circumstance. Thus, the Defendant is obliged to pay the Plaintiff damages for delay calculated at each rate of KRW 9 million per annum under the Commercial Act from November 1, 2016 to September 15, 2017, which the first instance court ordered payment of KRW 15 million, and the damages for delay calculated at each rate of KRW 15 per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The judgment on the interest exceeding this judgment shall not be judged separately because it is excluded from the object of the judgment of this Court.

3. Defendant’s assertion and judgment

A. 1 The defendant asserts that there is a defect, 'the plaintiff should not use the contract of this case in the implementation of the contract of this case'.