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

Purport of claim and appeal

The first instance court.

A. On July 2, 2012, the Defendant entered into a contract for construction works (hereinafter “original contract”) with C Co., Ltd. (hereinafter “C”) and ECOM/F leisure transfer project (j) construction works (hereinafter “instant construction works”) with the contract amount of KRW 1,277,659,90 (including value-added tax) and the period from July 2, 2012 to April 6, 2013 (hereinafter “original contract”), and entered into an agreement for the modification of the contract and the settlement of accounts as described in attached Table 1, such as the contract amount and the extension of the construction period.

B. On January 29, 2013, the Plaintiff entered into a contract for a construction project with the Defendant for a re-subcontracted with each of 95% of the contract amount of the construction cost (direct construction cost) from August 10, 2012 to the completion of construction with respect to the instant construction project.

C. The Plaintiff suspended construction work on or around December 2014 without completion of construction work while continuing the instant construction work.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 26, 28, 28, 32, Eul evidence Nos. 1, 7, 9, 19, 25, 26, 27, fact inquiry results against C corporation of the court of first instance, witness G of the court of first instance, and purport of the whole pleadings

2. The assertion and judgment

A. Since it is reasonable to determine the construction cost for the part performed by the Plaintiff among the instant construction works claimed by the Plaintiff based on the current status of payment of subcontract price (Evidence No. 15, 30) (Evidence No. 15, and 1,574,059,190 won by December 2, 2014, 1,495,356, and231 won, which is 95% of the payment for the completed portion received from C, which is the payment of the cost for the completed construction works submitted by the Plaintiff Co., Ltd. (hereinafter “original contract”), the Defendant is obligated to pay the Plaintiff KRW 152,362,430, which is calculated by deducting KRW 1,342,93,801 from the payment of labor cost, etc. directly paid by the Defendant to the Plaintiff by December 2, 2014, as the payment for the revised contract for the original construction works not reflected in the Plaintiff’s contract for construction works (hereinafter “original contract”).