1. The appeal is dismissed.

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

Purport of claim and appeal

O's purport:

1. (1) On August 29, 2017, the Defendant supplied the instant construction work for renovation and repair of the factory (hereinafter “instant construction work”) from C Co., Ltd. (hereinafter “C”) for the cost of construction KRW 160 million.

(2) From September 21, 2017 to September 29, 2017, the Plaintiff supplied the Defendant with various construction materials equivalent to the sum of KRW 15,146,545 (including value-added tax) necessary at the instant construction site.

(3) On October 16, 2017, between the Plaintiff and the Defendant, the “written consent on the direct payment of materials” (Evidence No. 7, hereinafter “instant written consent on the direct payment of materials”) with the purport that the Plaintiff consented to the payment of KRW 9,706,545 of the said construction materials to the Plaintiff by C, the ordering person, directly.

(4) The Defendant renounced the instant construction work on October 23, 2017 due to the industrial accident occurred at the construction site of this case and the dispute between the Defendant and C on the construction cost, etc., and the Defendant’s employee, who was the head of the instant construction site of this case, was to continue the instant construction work.

Accordingly, on the same day, Defendant C, and F prepared a “written commitment to the execution of the instant agreement” (hereinafter “written commitment”) stating that “F shall continue the instant construction project and pay the unpaid construction cost to the relevant companies.”

(5) The defendant representative director G presented the letter of commitment to the above E, and asked F to collect the defendant's debt to the plaintiff because F took over the defendant's debt to the plaintiff, E stated that "F will be exempted from paying money in lieu of money."

(6) The above facts do not conflict between the parties, or are described in Gap evidence 1 to 7, Eul evidence 1 (including, if any, a serial number) and the witness at the trial.