1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2, and 17; and (c) evidence Nos. 1, 2, and 17; and (d) testimony of the first instance court and the trial witness F.

F around November 19, 2013, around the defendant's name, the Corporation suspended the construction due to the shortage of funds on January 2014 while the Corporation was performing the construction after being awarded a contract for the electrical construction of D2 factories located in Ulsan-gun E in Ulsan-gun.

B. Accordingly, D Co., Ltd. held the Defendant, the nominal owner of the contract, liable for the delay of construction, and the Defendant, at that time, excluded F from the instant construction project and subcontracted the remainder to the Plaintiff with respect to the instant construction project under an agreement with F.

C. The Plaintiff completed the subcontracted construction work on January 29, 2014.

The Defendant paid the Plaintiff KRW 26,400,000,000 as construction price on January 17, 2014; KRW 10,400,000 on the 27th of the same month; and KRW 11,000,000 on the 29th of the same month.

E. On February 13, 2014, F prepared and delivered a letter of non-performance that the Plaintiff would pay KRW 21,400,000 to the Corporation by February 28, 2014 (hereinafter “each of the instant notes”).

2. The allegations by the parties and the determination thereof

A. The plaintiff asserts that the plaintiff is a part of the construction cost of KRW 26,400,00 which he received from the defendant, and that F, who represented by the defendant, promised to pay KRW 21,400,000 as the remainder of the construction cost through the letter of this case, the defendant is obliged to pay the remainder of the construction cost of KRW 21,40,000 to the plaintiff.

In regard to this, the defendant asserts that the defendant paid the total construction cost of the subcontracted construction work to the plaintiff at KRW 26,400,000, and each of the of the of the instant contracts prepared by F is not related to the subcontracted construction work to the plaintiff, and that the defendant has no longer paid the construction cost.

(b) the purport of the entire pleadings in each testimony of the first instance court and the first instance court witness F.