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 following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2, Eul evidence No. 1 and the whole purport of arguments.

On July 2, 2012, the Defendant entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) to enter into a contract with C to set the construction cost of KRW 2.255 million for the E-building construction work in Busan City (hereinafter referred to as “instant construction work”) at KRW 255 million for the construction period and the construction period as of August 20, 2012 for the contract.

B. The Plaintiff had a claim of KRW 150 million against C. However, on August 25, 2012, the Plaintiff, the Defendant, and C drafted a statement of direct payment of the construction price as follows (hereinafter “instant statement of direct payment”).

【Contents of Written Consent to Direct Payment: 150 million won, the Defendant agreed to pay C the amount equivalent to the above amount to be paid to C to the Plaintiff, out of the construction cost to be paid to C as the owner of building in the E-building being newly constructed construction work by C.

Special agreement: The payment date shall be determined on October 30, 2012, and may be advanced or delayed due to the completion condition.

C. The E-building was approved on January 18, 2013.

2. We examine the determination of the cause of the claim and the following circumstances revealed from the above facts. In other words, the defendant can be deemed to have agreed to pay KRW 150 million to the plaintiff between the plaintiff and the plaintiff by preparing a written statement of non-performance in this case. Since the building is deemed to have been completed on January 18, 2013, at least in the case of E-building, it is deemed that the period during which the defendant's obligation to pay non-performance in the contract has arrived at around that time. In light of the above, the defendant's contract amounting to KRW 150,000,000 as agreed upon to the plaintiff and its corresponding amount from January 19, 2013 to September 3, 2014, the delivery date of a copy of the complaint in this case from January 19, 2013 to September 3, 2014.