1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

. Facts of recognition.

A. On September 18, 2015, the Defendant drafted a construction performance report on the construction work as follows (hereinafter “instant report”) with the Plaintiff and the Plaintiff engaging in the construction business with respect to the construction work for the land shopping district in Jung-gu Incheon Metropolitan City (hereinafter “instant construction work”).

* The plaintiff and the defendant shall conduct the construction implementation note* (A evidence) and the construction of a new commercial house on the ground of land D in Jung-gu Incheon Metropolitan City by mutual agreement so as not to impede the commencement of construction as follows:

* Performance Conditions*

1. The plaintiff and the defendant shall undertake construction works under mutual agreement between the plaintiff and the defendant until the commencement and completion of construction works.

2. The plaintiff and the defendant agree to undertake construction work in the average cost of KRW 3.5 million, including ELEV (elevators) in accordance with the permitted drawing.

3. The plaintiff and the defendant constructed a construction work in accordance with the permitted design drawings and specifications, and the contract terms shall be modified by mutual agreement when the change of the defendant's request occurs before and after the construction.

4. The defendant shall pay the construction cost to the plaintiff in accordance with the terms and conditions of the contract.

5. The plaintiff and the defendant agree to pay damages on the part of the party who violated the contract unilaterally in relation to construction works.

(Provided, That if both parties waive their construction without any justifiable reason, they shall settle the amount of damages to them. 6. The plaintiff and the defendant agree to comply with the above matters until the completion of the contract, and recognize that the provisional contract also has a legal effect.

7. The plaintiff and the defendant shall prepare a fixed construction contract within a day, obtain a construction permit, and commence construction works with a fixed construction schedule fixed.

B. On October 2015, the Plaintiff requested a 11.5 million won when requesting the construction office (hereinafter referred to as the “sub-building office”) to prepare the design drawings of the instant construction project, and set the price at KRW 1.5 million, and around October 19, 2015.