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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, on the ground that Article 420 of the Civil Procedure Act does not apply to the following reasons.
2. The part that was changed (the judgment of the defendant on the defendant's assertion)
A. After the construction was interrupted on August 9, 2017 due to the failure to pay the F’s summary of the Defendant’s assertion, the Defendant completed the settlement of accounts with F around November 6, 2017. The Plaintiff performed the remaining construction works at F’s request without consultation with the Defendant and completed the instant letter of undertaking from F. Therefore, there is no reason for the Defendant to pay the unpaid construction payment corresponding to the progress payment for the construction works performed after November 6, 2017 when the settlement of accounts was completed.
B. Determination 1) On April 14, 2018, F prepared a letter of commitment to the Plaintiff, as seen earlier, and according to the evidence Nos. 6, 7, and 8, the Defendant, on November 6, 2017, with respect to the instant multi-family house construction project, the Defendant: “I, upon obtaining a loan from I, I would like to waive the above right of retention; I would like to say I would like to give up the right of retention related to the said project; around that time, I would like to give up the said construction work because I would have many problems in the progress of the construction project, and I would have waived the said construction work; the Plaintiff would have received a written commitment to pay for the unpaid construction cost from J (the first owner) around December 2017; on the other hand, according to the evidence No. 2148, Dec. 21, 2017; on the other hand, the Plaintiff will be aware of the difficulty of the construction work; on the one hand, the Plaintiff will be aware of the following evidence No. 2181.