1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is a person who engages in the business of leasing and constructing construction machinery in the trade name of “C,” and the Defendant is a person who engages in the business of constructing construction machinery in the trade name of “D.”

B. On July 2, 2014, between the Plaintiff and the Defendant, a subcontract agreement between the Plaintiff and the Defendant, which contains the date of preparation, as follows:

(A) Construction title. Construction title: From July 2, 2014, the construction period at the construction site in Gangwon-do: D.R.I. file works (including file works, files files and files filing works, up to two parts): 120,000 won (excluding value-added tax) special engineer: Water supply and materials separate, B/H separate;

C. The Plaintiff from July 2, 2014 to the same year

9. Until June 16, the instant construction was executed.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Gap evidence 2-1 through 17, the purport of the whole pleadings and arguments

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion that the Defendant re-subcontracts the instant construction work that was subcontracted by H Co., Ltd. (hereinafter “H”) to the Plaintiff, and the Defendant is obliged to pay the Plaintiff the remainder of the construction cost of KRW 60 million calculated by deducting the construction cost of KRW 60 million, which was already paid, from the construction cost of KRW 120 million, and the value-added tax thereon KRW 66 million.

B. The Defendant’s assertion attempted to subcontract the instant construction work to the Defendant in the amount of KRW 150 million for the construction cost, but the Defendant did not possess necessary equipment and did not receive KRW 29 million for the introduction expenses from H, and only received KRW 29 million for the introduction expenses. As the instant construction contract was prepared formally by the Defendant to the Plaintiff, the party who subcontracted the instant construction work to the Plaintiff is not the Defendant but the Plaintiff.

Even if the Defendant subcontracted the instant construction work to the Plaintiff, the Defendant did not complete the instant construction work, and thus, paid the remainder of the construction cost.