1. Of the judgment of the court of first instance, the money that orders the payment of the following to Siwon LAC Co., Ltd.

1. Facts of recognition;

A. The Plaintiff is a person engaged in earth and sand construction business and virtual facility construction business under the trade name of “C”, and the Defendant Siwon LAC Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the construction business, etc., and the Defendant B is an employee of the said company.

B. On September 2014, the Plaintiff subcontracted the construction of the “E gas station” in Busan-gu, the construction of the “E gas station” (hereinafter “instant construction”) to KRW 49,500,000 (including surtax) and completed the said construction.

C. From September 13, 2014 to October 13 of the same year, the Plaintiff received a total of KRW 47,30,000 from the Defendant Company for the instant construction payment.

Meanwhile, apart from the instant construction project, the Plaintiff entered into a verbal agreement with the Defendant Company to receive a subcontract for construction cost of KRW 65 million with respect to the retaining wall construction (hereinafter “instant additional construction”) among the construction works of the instant gas station, and suspended construction works around October 2014 due to disputes over the construction cost during the performance of the said construction works.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. As to the Defendant Company, the Plaintiff did not receive 2.2 million won for the remainder of the instant construction work from the Defendant Company, and the construction payment corresponding to the part on which the Plaintiff performed with respect to the instant additional construction work reaches KRW 7,308,440.

Therefore, the Defendant Company is obligated to pay the Plaintiff the total sum of KRW 9,508,440 and damages for delay.

B. As to Defendant B, the Plaintiff loaned KRW 8 million, including KRW 3 million on September 17, 2014 and KRW 5 million on October 13, 2013 of the same year, among the KRW 47.3 million received as the construction price of the instant case from the Defendant Company, to Defendant B again, etc.

Therefore, Defendant B is obligated to pay the Plaintiff the above loan amounting to eight million won and damages for delay.

3. Determination

A. Defendant.