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

Purport of claim and appeal

[Claim]

A. On November 9, 2015, the Defendant was awarded a contract for the construction cost of KRW 2,618,00,000 for the construction cost of the YY-gu E located in Ansan-si (hereinafter “F new construction”) from D Limited Liability Company.

B. On November 9, 2015, G Co., Ltd. (hereinafter “G”) was awarded a subcontract for reinforced concrete construction among F-built construction works (hereinafter “instant construction”) from the Defendant.

C. At around October 2015, G entered into a lease agreement on temporary materials, such as water pumps, necessary for the instant construction project, with the content that G leases from the Plaintiff from November 2, 2015 to May 31, 2016.

G ceased the instant construction work on June 2016. On June 28, 2016, the Defendant terminated the instant subcontract for the instant construction work on the grounds of nonperformance by G on June 28, 2016. On July 1, 2016, G concluded a subcontract for the instant construction work with KRW 1,903,000 for construction cost and KRW 1,903,000 for construction cost.

(B) On December 26, 2016, the contract was concluded to change the construction cost to KRW 2,197,800,000.

The Defendant received a written consent from G to pay KRW 10,00,000 to the Plaintiff on June 17, 2016, and C paid KRW 17,614,410 to the Plaintiff on August 10, 2016.

F. From July 29, 2016 to December 31, 2016, the Defendant paid C the construction price of KRW 2,196,700,000 for the instant construction work.

G. From July 1, 2016 to October 31, 2016, the Plaintiff leased the temporary materials of KRW 48,292,841 to C. Even if the instant construction was completed, the Plaintiff did not receive refund of the temporary materials equivalent to KRW 143,483,00 from C.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6 (including each number, hereinafter the same shall apply), Eul evidence 1 to 3, 5, and 6, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 on the determination of KRW 48,292,841 as to the rent of construction materials is that the Plaintiff is the remainder of the rent for the temporary materials leased by C to the Plaintiff.