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. Facts of recognition;

A. On February 21, 2017, the Defendant entered into a construction contract with the limited partnership company D (representative E; hereinafter referred to as “D”) and the construction cost, which is 694,400,000, with respect to the construction work of the multi-family house C (hereinafter referred to as the “instant building”).

B. The construction cost allocated to reinforced concrete construction according to the quotation attached to the above construction contract form was KRW 365,400,000, and the amount allocated to the steel reinforced construction in relation to the steel reinforced construction that requires the quantity of 70 tons in total was KRW 28,00,000 per ton (excluding value added tax). The defendant agreed to pay KRW 28,00,000 for the purchase cost of the materials, such as steel bars, and the construction cost related to the direct wage, separately from the amount of KRW 28,00,000,00 for the steel reinforced construction.

C. The Plaintiff received re-subcontract from D to complete the steel bars construction of the first and third floors of the instant building, and transferred KRW 17,00,000 from the Defendant on April 28, 2017.

After receiving the construction cost as above, the Plaintiff completed the steel works related to the fourth floor of the instant building and the rooftop by May 9, 2017.

The area on the building ledger of the instant building is 23.82 square meters per floor, 256.22 square meters for two floors, 205.46 square meters for three floors, 173.06 square meters for four floors, and 22.42 square meters for a rooftop.

E. On November 6, 2017, the Plaintiff sent to the Defendant a content-certified mail directly claiming payment of KRW 6,800,000 for the remainder of the steel works, and around that time, the mail reached the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, Eul evidence 1, F's testimony of witness of the first instance court, purport of whole pleadings

2. According to the overall purport of the testimony and pleading by the witness F of the first instance trial, the Plaintiff was aware that the construction cost due to the steel works would not be paid properly from D, and the remaining construction works of the Defendant were suspended, and the Defendant’s execution details are the Plaintiff.