1. The appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant (Appointed Party).

Purport of claim and appeal

O.

1. The primary facts of the claim (1) is the person who is an individual company, and the Defendant, the designated person, is the actual operator of G.

(2) The co-defendant C Co-Defendant C (hereinafter “C”) in the first instance trial received “H freezing and cooling storage construction work” from the Co-Defendant B Co-Defendant C Co-Defendant Co., Ltd. (hereinafter “B”).

(2) During the aforementioned new construction works, C subcontracted to the Appointers the light air pumps presses (hereinafter referred to as “the instant construction”) construction (hereinafter referred to as “the instant construction”) of the construction works. (3) The term “the contract amount” appears to be approximately KRW 1.5 billion.

(3) On April 2017, the Plaintiff received re-subcontracts from the selector (G) the construction cost of the instant construction project at KRW 154 million (including value-added tax).

The designated parties paid 20 million won the down payment to the Plaintiff on the said contract date, and the remainder was paid on May 4, 2017.

(4) In addition, on April 21, 2017, the Plaintiff received re-subcontracts from the selector for the additional construction cost of KRW 4.4 million (including value-added tax).

(5) On April 27, 2017, the Defendant prepared and delivered to the Plaintiff a “certificate of completion of construction” to the effect that the instant construction and additional construction were completed.

(A) On May 11, 2017, the Defendant prepared and delivered to the Plaintiff a “written promise of payment of construction cost” with the content that the Defendant would pay the unpaid construction cost of KRW 138,44 million ( KRW 4,400,000,000 - KRW 2,000,000) to the Plaintiff by May 25, 2017.

(6) The Plaintiff’s co-defendant D (hereinafter “D”) at the first instance trial on May 25, 2017, after receiving the said payment undertaking from the Defendant.