1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall pay to the plaintiff KRW 19,150,000 and this shall apply to the plaintiff.

1. Basic facts

A. The Defendant was awarded a contract for the new construction of Seocho-gu Seoul Metropolitan Government D Multi-household (hereinafter “instant loan”) and subcontracted the removal and civil engineering works among the new construction works on September 1, 2015 to C Co., Ltd. (hereinafter “C”).

B. The Plaintiff leased the equipment necessary for civil engineering works, such as cocoa, reorganization, and commercial work, to C, and performed civil engineering works among the removal and civil engineering works, from September 16, 2015 to October 23, 2015, according to C’s instructions and supervision.

C. A dispute arising between C and the Defendant over the payment of the advanced payment, and C accepted the said dispute at the construction site around October 23, 2015, and the Plaintiff suspended civil engineering works.

Upon E’s request, the Plaintiff resumed the civil engineering work on October 28, 2015 and completed the construction work on November 20, 2015 (hereinafter “instant construction work”). The part of the civil engineering work performed by the Plaintiff from October 28, 2015 to November 20, 2015 was instructed and supervised by E during the instant construction period.

E. The Plaintiff’s price for civil engineering works is KRW 40.5 million for civil engineering works from September 16, 2015 to October 23, 2015, and KRW 19.155 million for the instant construction works from October 28, 2015 to November 20, 2015.

The Plaintiff received KRW 33 million in total from C on October 20, 2015, and KRW 10 million on December 18, 2015, and KRW 23 million on December 18, 2015.

F. Meanwhile, around December 16, 2015, F, an agent of E and C, was issued and delivered a written confirmation to pay the Plaintiff KRW 26,650,000 (i.e., KRW 10.5 million - KRW 33 million) with KRW 23 million as the remainder of the construction cost (i.e., KRW 40,50,000 - KRW 19,150,000 - KRW 33,000), but did not receive payment in accordance with the instant written confirmation.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 8, 9, Eul evidence 2 (including each number; hereinafter the same shall apply), the testimony of witness F of this court, and the purport of the whole pleadings.