The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On May 15, 2017, the Defendant: (a) contracted the construction of a new house located in Chungcheongnam-gun, Ulsan-gun with the construction cost of KRW 80 million; (b) from May 25, 2017 to September 15, 2017; and (c) the Plaintiff was awarded a subcontract from C on June 20, 2017 to June 65, 2017, with the construction period of KRW 65 million; and (d) from June 20, 2017 to August 30, 2017.

B. On August 4, 2017, the Plaintiff prepared a loan certificate stating that “The above amount shall be KRW 20 million per day, and approximately KRW 30,000,000,000,000 which was newly constructed by the representative C of the E Company, the Plaintiff newly constructed and used the funds borrowed from the Defendant for the purpose of construction of a wooden hole and a window mold, as well as the citizens, criminal liability in the event of non-performance, as well as the citizens, criminal liability in the event of non-performance, and to settle accounts for the convenience of the third party as construction cost” (hereinafter “the loan certificate of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 14, Eul evidence 1, Eul evidence 1, 3, 5, 7, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion: (a) the Plaintiff commenced construction with a subcontract from C; (b) even after C paid construction cost of KRW 10,000,000, the construction was suspended due to the Plaintiff’s failure to pay construction cost; and (c) the Defendant agreed to provide the Plaintiff with a loan certificate in the instant case to continue construction cost of KRW 20 million.

Therefore, the defendant is obligated to pay the construction cost of KRW 20 million agreed upon to the plaintiff and damages for delay.

B. In light of the language and text of the instant loan certificate, the Defendant lent KRW 20 million to the Plaintiff, subject to the Plaintiff’s use for “construction of wood and window mold” among the Defendant’s new construction of housing subcontracted by the Plaintiff.

According to the statement in the evidence No. 7, the Plaintiff appears to have retired from the subcontracted construction to the end of the construction work. The evidence submitted by the Plaintiff alone is alone the loan certificate of this case.