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. The Defendant is the representative director of C Co., Ltd (hereinafter “C”) for the purpose of indoor construction business.

B. Around August 2017, the Defendant was placed at the construction site of the E-building E-building located in Yangsan Co., Ltd., and thereafter, C, which was operated by the Defendant, entered into a construction contract between D and D on September 2017 for the instant construction project (hereinafter “instant construction project”), which was 261,929,900 construction cost, and thereafter performed the said construction project from around that time.

C. On June 11, 2018, the Defendant agreed with D Co., Ltd. to reduce the construction amount to KRW 253,431,770, and completed the instant construction work around that time.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Upon introduction of the instant construction project from the Plaintiff, the Defendant agreed to pay KRW 14 million to the Plaintiff under the pretext of introduction, when the instant construction contract was concluded between C and D.

Inasmuch as the instant construction contract was concluded between C and D with the Plaintiff’s introduction and effort, the Defendant is obligated to pay the Plaintiff the remainder of KRW 10 million, excluding the amount of KRW 4 million already paid out of the agreed introduction fee of KRW 14 million and the delay damages therefrom.

B. Defendant 1: (a) concluded the instant construction contract on the ground that the Plaintiff’s introduction of the instant construction project was of considerable interest; and (b) promised to introduce the instant construction project only four million won; and (c) the remainder was to pay part of the profits when profits accrued from the instant construction project.

However, the plaintiff did not take any measures against the defects of the prior works requested by the defendant or the adjustment of the construction amount, and the defendant completed the instant construction works.