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 fact that the first instance court rendered a judgment citing the Plaintiff’s claim after serving a copy of the complaint against the Defendant, a notice of date for pleading, etc. on the Defendant by public notice; the original copy of the judgment of the first instance also served on the Defendant by public notice; and the fact that the Defendant inspected the records of trial on May 4, 2015, and submitted a written appeal for subsequent completion on May 7, 2015 is apparent in the record.

According to the above facts, the defendant was unable to observe the peremptory period due to a cause not attributable to the defendant, and the court of first instance filed a subsequent appeal within two weeks from May 4, 2015, which became aware of the fact that the court of first instance was served by public notice. Thus, the defendant's subsequent appeal is lawful.

2. Judgment on the merits

A. In full view of the purport of Gap evidence Nos. 1 through 3, Gap evidence Nos. 5, Eul evidence Nos. 9 through 11, Eul evidence No. 11, and Eul evidence Nos. 4, as to the cause of the claim, the plaintiff entered into a subcontract with the defendant on June 18, 2012 by setting the construction cost of the CG E-Center in Busan Northern-gu, as KRW 153,00,000, and the construction period of the 150,000,000, and the 205,000,000,000,000 won for progress payment as of April 30, 2013 (hereinafter referred to as the "instant contract"). The plaintiff's remaining completion payment of KRW 40,00,000,000,000 and KRW 20,000,000,000,000 won for progress payment as of September 3, 2014.