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. The parties' assertion

A. The Plaintiff’s assertion 1) At the Defendant’s request, the Plaintiff completed the construction of steel structures and windows equivalent to KRW 176 million from October 3, 2015 to November 3, 2015. (2) However, the Defendant did not pay to the Plaintiff KRW 4 million with only KRW 172 million out of the construction cost.

3) Accordingly, the Plaintiff seeks payment of the unpaid construction cost of KRW 4 million to the Defendant. (B) The Defendant’s assertion 1) The parties who concluded the said construction contract with the Defendant are not the Plaintiff but C (D appears to be a clerical error in C), and thus, there is no obligation to pay the unpaid construction cost to the Plaintiff

2 There are defects in the above construction works.

2. Determination

A. There is no dispute between the parties as to the fact that the Defendant failed to pay the above construction cost of four million won.

B. However, the following circumstances, which are acknowledged by the parties to the construction contract as either the plaintiff or C, and by the overall purport of the statement and arguments as to whether the plaintiff is the plaintiff or the party to the construction contract: ① the tax invoice related to the construction project was issued between the plaintiff and the defendant; ② the defendant continued to pay the construction price to the plaintiff; ③ the defendant sent a certificate of contents to the defendant on February 3, 2017; ④ the defendant paid KRW 7 million to the plaintiff without any special objection; ④ the defendant did not specifically state the grounds for the dispute at the time of the first reply of the plaintiff on March 31, 2018; and the evidence submitted on May 23, 2018 was asserted as defective; ② the defendant did not claim that the plaintiff is not the party to the construction project; ⑤ the defendant did not seek damages against the plaintiff from July 21, 2018 to the Seoul District Court in lieu of the defect repair claim against the plaintiff (Seoul District Court).