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. Facts of recognition;

A. The Plaintiff is a company running the crowdfunding business, etc., and the Defendant is a person engaged in the other construction business under the trade name of “D.”

B. The Plaintiff entered into an entrusted operation agreement with the pertinent school juristic person E University (hereinafter “E University”) with the content that the Plaintiff newly constructed a trading hole at its own expense on the ground of Pyeongtaek-si F owned by the said school, and that the Plaintiff will take charge of its operation.

C. 1) The Defendant between the Plaintiff and the Plaintiff on December 12, 2015, and between the Plaintiff and another corporation among the instant construction of crowdfunding (hereinafter “instant construction”).

(1) A contract under which the contract is to be entered into between 85,000,000 construction cost (including value-added tax and value-added tax, 93,50,000,000 if it is included) and the construction period from December 12, 2015 to December 31, 2015 (hereinafter “instant primary contract”).

A) After concluding the instant payment order, the Defendant asserted that the construction was commenced until February 20, 2016, and around January 10, 2016. However, there is no evidence to acknowledge that the construction was conducted. According to the statement in subparagraph 2-1 of the evidence No. 2-1, the Defendant stated that the construction was completed on or around January 10, 2016 when the Defendant applied for the instant payment order. (2) The Plaintiff paid the Defendant KRW 99,100,000 in total under the title of the instant construction contract five times from December 12, 2015 to April 28, 2016.

On the other hand, around January 2016, between the Plaintiff and the Defendant, 120,000,000 construction amount for the instant construction project (including value-added tax, value-added tax, 132,00,000 if the instant construction project includes value-added tax), and a contract agreement entered into between December 12, 2015 and January 10, 2016 for the construction period (hereinafter “the instant secondary contract”).

E. Since October 14, 2016, the Defendant included the value-added tax of KRW 120,000,000 from the Plaintiff on December 12, 2015 and value-added tax, as well as the separate amount of value-added tax.