1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A. The corporation I is a company that implemented a new construction of a main commercial building on the lot outside Busan-gu Busan-gu one (hereinafter “instant commercial building”). The defendant is the representative director of the corporation I, and the plaintiff is a person who subcontracted the civil engineering part of the instant construction.

B. On May 30, 2017, Co., Ltd. entered into a new commercial building construction contract in this case between June 5, 2017 and December 31, 2017 with D Co., Ltd., with the construction period of KRW 3,223,70.00, the construction amount of which is KRW 3,223,70.00.

After that, I and D Co., Ltd. entered into a contract that changed the construction period from June 5, 2017 to July 31, 2018, and the construction amount to KRW 3,522,970,000.

C. D subcontracted to E Co., Ltd. the portion of civil engineering among the new construction of the instant commercial building, and C Co., Ltd., on October 10, 2017, awarded a sub-subcontract to J engaging in construction business under the trade name of F.

On December 22, 2017, the Plaintiff was re-subcontracted with the construction period from J on December 22, 2017 to January 30, 2018, with the construction amount of KRW 60,00,000.

Meanwhile, on January 5, 2018, I and D agreed that the settlement amount according to the fair rate would be KRW 185,563,204 while the construction of the instant commercial building was completed.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-1, 3-1, 2-2, and 12-2, the purport of the whole pleadings

2. The parties' assertion

A. After the Plaintiff’s assertion D Co., Ltd. left the construction of the instant commercial building, the Defendant directly managed and supervised the construction site through G, the son.

During that period, the Defendant promised to pay the Plaintiff the total construction cost and demanded the completion of civil engineering works. The Plaintiff completed the civil engineering works on January 20, 2018.

Therefore, the Defendant is liable to pay the Plaintiff the unpaid construction cost of KRW 94,544,848 and delay damages.

B. The defendant's assertion 1 is the defendant.