1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

. Facts of recognition.

A. On December 2, 2015, Nonparty E Co., Ltd. (formerly changed: F. F., Ltd.; hereinafter referred to as “E”) awarded the “F 1,600,000 construction works of the F 1 Plant and Annexed Construction Works of the Company of the Hacheon-si and seven parcels above (hereinafter referred to as “G”) to G Co., Ltd. (hereinafter referred to as “G”).

B. G subcontracted to the Defendant Company a civil engineering work during the foregoing construction work.

1. Name of the project: J-si packing works;

2. Place of construction: Jincheon-si, Seocheon-si;

3. Date of commencement: The date of completion on May 20, 2016: 87,00,000 won (excluding value-added tax) on May 31, 2016.

6. Terms and Conditions for Approval:* the Terms and Conditions of Direct Payment of Order (General Terms and Conditions of Contract for Construction Works) Article 9 shall be paid by the defendant company at the request of the plaintiff within 15 days after completion of the contract.

C. Around May 20, 2016, the Defendant and the Plaintiff entered into a contract to re-subcontract the Plaintiff with the following content (hereinafter “instant contract”). The Defendant signed the said contract as a guarantor.

On May 31, 2016, according to the instant contract, the Plaintiff completed the database construction work, and E completed the registration of preservation of ownership of the above 1st floor factory around June 21, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-2, Gap evidence 2-3, Eul evidence 1, the purport of whole pleadings

2. The assertion;

A. The plaintiff's assertion entered into the contract of this case with the defendant company on the condition that he was in direct payment of E, which is the ordering authority, and the defendant (the plaintiff's representative director, E) who is the actual representative of E at the time guaranteed the payment of the above sub-subcontract amounting to KRW 87 million (Additional No. 3). Thus, the defendant is entitled to the payment of the above

B. On August 1, 2016, the Plaintiff prepared a written statement of direct withdrawal from G (Evidence 5) with G around August 1, 2016, and is already paid in relation to the Defendant Company in accordance with the settlement terms under Article 6 of the evidence A (Evidence 1).