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. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments as to the defendant's argument under Section 4, Section 10 of the judgment of the court of first instance, and therefore, it is identical to the part concerning the reasons of the judgment of the court of first instance under the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The defendant delivered a letter of this case to H on the face of the plaintiff's preparation of the letter of this case to H, and prepared the letter of this case by borrowing money from H to pay the construction cost. It is not actually prepared by the plaintiff's intent to waive lien. Since the plaintiff did not pay the construction cost with the money borrowed from H, each of the documents of this case is invalid by a false conspiracy between the plaintiff and the defendant, or by the plaintiff's expression of intent by deception, and thus, it is insufficient to recognize it only by the evidence submitted by the defendant, and there is no other evidence to acknowledge it.

Rather, in light of the fact that H did not know the existence of each of the instant notes and submitted a written report of absence of witness to the effect that H did not request it, and that the Defendant was paid KRW 150 million from the Plaintiff on March 9, 2012 at the first instance court, it is reasonable to deem that the Defendant prepared each of the instant notes with the intent of receiving construction price from the Plaintiff and giving up the right of retention, and therefore, the Defendant’s assertion is without merit.

B. The defendant's written statement of this case is effective only to H, and the plaintiff cannot assert its validity. Thus, the defendant's argument is without merit since the plaintiff's written statement of this case to the plaintiff as the defendant's intent to waive the right of retention.

C. Even if each of the instant contracts is recognized as effective, the Defendant shall be bound to receive the entire construction cost.