1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On July 26, 2016, the Plaintiff entered into a contract with the Defendant to accept Ddong mold and reinforced concrete construction works for KRW 450 million, among the construction works of new apartment buildings in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and performed construction works.

B. On December 1, 2016, the Plaintiff and the Defendant drafted a letter of undertaking (hereinafter “instant letter”) as shown in the attached Form.

C. On December 6, 2016, the Defendant remitted to the Plaintiff KRW 51,381,970 after deducting tax and public charges (income tax, employment tax, etc.) 1,163,030.

[Ground of recognition] Facts without dispute, Eul's evidence Nos. 1 to 4, the whole purport of pleading

2. The parties' assertion

A. The Plaintiff’s assertion ① is obligated to pay the unpaid wage of KRW 87,143,030, as claimed by the Plaintiff based on the work day, so long as the Defendant confirms the number of copies input on the day.

The Plaintiff’s employees G and H’s intent not to pay the construction cost if the Plaintiff did not affix the Defendant’s letter of undertaking is a company policy, and the Plaintiff heard that the remainder of the construction cost can be paid after affixing the letter of undertaking and affixed the letter of undertaking, and affixed a seal on the idea of receiving wages even in part.

There is no effect as an unfair document which has been prepared formally.

② The Defendant’s oral subcontract agreement concluded with the Plaintiff as an individual entrepreneur is null and void in violation of the Framework Act on the Construction Industry

Since there is no legal basis for the plaintiff to pay the defect deposit, the defendant shall immediately pay to the plaintiff the amount equivalent to the defect deposit amount of KRW 2.5 million.

B. The Defendant’s assertion ① Inasmuch as the Plaintiff prepared the instant promise and agreed to bring an action, the instant lawsuit ought to be dismissed as there is no interest in the protection of rights.

② After preparing the instant letter of undertaking, the Defendant paid all the remainder of the construction cost, excluding KRW 22,50,000,000, which was to be paid to the Plaintiff after the period of defect expires, and the said KRW 22,50,000 has not yet arrived.