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. According to the overall purport of Gap evidence Nos. 1 and 3 as to the cause of the claim, and Eul's testimony and pleading, the defendant entered into a contract with D on February 27, 2014 that the Franchisium construction work located on the second floor of the land building of Jung-gu, Busan (hereinafter "the contract of this case") with D, and the plaintiff, the captain of D, as the head of D, entered into a contract with D on April 6, 2014, separately from the contract of this case, to perform construction work of removing metal structures installed on the first floor to the second floor of the building, and the defendant did not complete the contract of this case and did not complete the contract of this case and did not complete the above construction work with the plaintiff.

According to the above facts, even if the Defendant entered into a contract for construction with the Plaintiff separate from the instant contract entered into with D, and received the construction cost of KRW 20 million, the Defendant did not perform construction works under the said contract. Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from May 23, 2014 to the date of full payment, which is clearly indicated in the record, to the date of delivery of the complaint of this case, to the Plaintiff due to nonperformance of obligation.

2. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. The judgment of the court of first instance is unfair on the grounds of some different conclusions, but the judgment of the court of first instance cannot be modified disadvantageous to the defendant in this case which only the defendant appealed. Thus, the defendant's appeal is dismissed. It is so decided as per Disposition.