1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On October 10, 2013, the Defendant awarded a contract for the instant construction work to Seocho Construction Co., Ltd. (hereinafter “C”) for the construction period from January 29, 2014 to July 28, 2014, with the construction cost of KRW 600,000,000, and the Seocho Construction subcontracted the instant construction work to D.

B. On May 2014, the Plaintiff re-subcontracted the instant construction work to D, and performed the instant construction work from around that time until the end of July 2014.

C. The construction was discontinued on the ground that the re-subcontractors of the instant construction project, including the Plaintiff, failed to receive the construction cost at the end of July 2014.

Accordingly, D introduced the re-subcontractors of the Plaintiff, etc. to the Defendant, and requested the Defendant to prepare a certificate of direct payment of the construction cost for continuing the construction work.

Accordingly, around August 2014, the Defendant prepared a written confirmation of the following contents (hereinafter “instant confirmation”) to the Plaintiff.

Location: The owner of F&D project: The owner of the F&D project who has received the subcontract for painting construction from the Defendant’s construction works, but has not been paid the construction cost from the subcontractor in the subcontract, and the owner is liable for civil and criminal liability when he/she fails to pay the total amount of the seal construction cost to the subcontractor within 15 days after the completion of the construction of the building.

After the completion of the instant confirmation document, the Defendant, who did not resume the instant construction, terminated the contract for construction works with the Western Construction around November 16, 2014, and concluded the remaining construction works with the other company on December 23, 2015.

[Reasons for Recognition] Facts without dispute, significant facts in this court, Gap evidence 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Since the construction of the instant case’s summary of the Plaintiff’s assertion was completed, the Defendant completed the Plaintiff’s painting construction cost nine million won according to the instant confirmation document.