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. Basic facts

A. On July 30, 2017, the Defendant: (a) around July 30, 2017, Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”); (b) at the time, the Plaintiff and E were working as the representative director; and (c) on April 15, 2019, E resigned and currently the Plaintiff serves as the representative director.

The contract for the construction of multi-household housing on the Seoul Geumcheon-gu and F ground (hereinafter “instant construction”) was concluded between E and E, and the contract was concluded between E and the non-party company to receive 10% of the construction cost paid by the non-party company at the time.

- the date of commencement: The scheduled date of completion on September 1, 2017: March 30, 2018 (2.10 days after the completion of the foundation) and the contract amount: KRW 93.6 million (including value-added tax) and KRW 18.7 million (including the date of the commencement of this construction) for the first progress of KRW 16.5 million (16.5 million on the date of completion of the foundation construction of the second floor) and KRW 15 million for the second progress of KRW 16.5 million (15 million at the time of completion of the foundation construction of the fifth floor) and KRW 15 million for the third progress of KRW 4.1 billion (10 million at the time of completion of the foundation construction and stone construction) and KRW 5.6 million for the remaining portion of KRW 5.6 million (1 million at the time of completion of the foundation construction and stone construction of the building) and KRW 6.5 million for the remaining portion of KRW 95 million (1 million at the time of completion of the foundation construction of the building).

B. On October 11, 2017, Nonparty Company commenced the instant construction work, and the Defendant paid approximately KRW 700 million to Nonparty Company from September 4, 2017 to February 2018 with advance payment and KRW 1 to April 4, 2018.

C. On March 30, 2018, the completion date of the instant construction project was suspended at a level of 55% as of March 30, 2018, and the Defendant sent a note that the construction project would take civil and criminal measures if the Plaintiff, the representative director of the non-party company, is not performing the construction project within one week.

At that time, on April 13, 2018, the Plaintiff and E representing the non-party company entered into the Promissory Notes Convention (hereinafter “instant Convention”) with the Defendant on the following terms and conditions:

1. On April 30, 2018, the Defendant does the instant construction work for the non-party company.