1. Of the judgment of the court of first instance, the Plaintiff’s KRW 3,630,000 against Defendant Spans Co., Ltd. and its related thereto on August 2015.

1. Basic facts

A. On April 4, 2015, the Plaintiff was awarded a subcontract for the construction period of the instant construction project from the Defendant Posker Co., Ltd. (hereinafter “Defendant Posker”) to the construction period from April 6, 2015 to April 25, 2015, with a special agreement on the construction period of KRW 17,720,00 (value-added tax separate) as to the construction scope, on the following: “All the construction works and details attached to the drawings and specifications; the materials shall be KS used; and the increased or decreased portion of the total text book volume shall be SS used; the adjusted payment shall be based on the contractual unit price; the increased or decreased amount shall be adjusted; and the balance shall be paid within June 15, 201 after the completion of construction work.”

(hereinafter “instant subcontracted project”). (b)

On June 2015, the Plaintiff completed the subcontracted project in this case.

C. On June 30, 2015, the Plaintiff issued a tax invoice with each of the KRW 23,300,000, the value of the product light steel frame construction, the supply price of KRW 23,300,000, and the tax amount of KRW 2,330,000 to Defendant Kusan Co., Ltd. (hereinafter “Defendant Kusan”), respectively.

The Plaintiff was paid KRW 20,000,000 out of the construction cost of the subcontracted project in this case by the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff received a subcontract for the astronomical and brickd works from the Defendants among the Daegu-si B works. After completing the said subcontract, the Plaintiff and the Defendants determined the subcontract price as KRW 25,630,000 (including value-added tax).

The Defendants paid only KRW 20,000,000 out of the subcontract price to the Plaintiff.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 5,630,000 won [=25,630,000 won - 20,000,000 won] and damages for delay.

B. Defendants (1) The amount calculated according to the agreed unit price is KRW 23,630,00 (including value-added tax) and Defendant Spank is the Plaintiff’s KRW 3,630,000, and this is accordingly.