1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On April 17, 2017, the Defendant concluded a contract with the Plaintiff and the Seongbuk-gu Seoul Special Metropolitan City Construction Corporation for Multi-Family Housing (hereinafter “instant construction”) on a parcel of land (hereinafter “instant construction”), setting the construction cost of KRW 600 million and the construction period from April 25, 2017 to September 25, 2017, and paid the Plaintiff the down payment of KRW 60 million.

B. As to the instant construction project, the Plaintiff entered into a blanket subcontract with F Co., Ltd. (hereinafter “F”) with a subcontract price of KRW 5220 million. However, due to the occurrence of a civil petition at the instant construction site, the progress of construction is delayed and the F filed a lawsuit claiming payment for the Plaintiff.

C. On March 2018, the Plaintiff discontinued the instant construction project and decided to transfer the instant contract to E Co., Ltd. (hereinafter “E”).

On March 24, 2018, the Plaintiff, the Defendant, and E agreed to waive all rights related to the instant construction project, delegate the remaining construction cost of KRW 540 million to E, and the Plaintiff, the Defendant, and the E agree to assume responsibility for all civil petitions arising from the instant construction site from March 21, 2018 (hereinafter “instant agreement”).

Accordingly, on March 21, 2018, the defendant was written in the name of H, the representative director of E.

As to the instant construction work, the contract was concluded by setting the construction cost of KRW 540 million, and the construction period from March 21, 2018 to August 21, 2018. They concluded the contract by setting the construction cost as the period from March 21, 2018 to August 21, 2018. They again concluded the contract by setting the construction cost of KRW 450 million with G and the construction cost of KRW 450 million from May 10, 2018 to September 10, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1 to 4 (including branch numbers for those with serial numbers), respectively;