1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On November 2009, the Plaintiff was delegated by the Defendant with the duty of proceeding, managing, and supervising the instant construction by selecting a subcontractor in return for the estimate of detailed construction works, employing workers, etc. with respect to the removal of the building located in C and the interior interior interior interior interior interior interior interior interior interior interior interior works (hereinafter “instant construction”).

B. From December 2009, the Plaintiff prepared the instant construction project by obtaining an estimate from the subcontractor, and commenced the instant construction project on or around February 2010, and completed the instant construction project on or around July 2010.

C. The Defendant is the actual operator of the Company I (hereinafter “I”), and around 15th day of each month (excluding July 2010) from December 15, 2009 to August 16, 2010, the amount of KRW 3 million was remitted to the Plaintiff under the name of I as a benefit, and in addition, the amount was remitted to the Plaintiff two to three times in one month from a few hundred thousand won in the name of I.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 3, 4, and 5 (including paper numbers), entry of Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. (1) The Plaintiff’s assertion as to the part on the claim for the agreed amount of contract (A) was agreed with the Defendant to receive KRW 100 million at the expense of the repair cost when the instant construction work was completed not more than KRW 500 million. As such, the Plaintiff’s assertion was concluded with the Defendant to have the Defendant paid KRW 100 million at the expense of the repair cost, the Plaintiff colored the subcontractor on a daily basis and reduced the construction cost, and eventually completed the instant construction work in proportion to KRW 500 million on or before February 2011, and such acceptance was not simply made on the condition that the Defendant

Therefore, the defendant is obligated to pay KRW 100 million to the plaintiff according to the agreement, and the defendant is entitled to pay KRW 60,000,000 among them.

B. The defendant's assertion does not have an agreement to pay the cost of KRW 100 million, as alleged by the plaintiff.