1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts may be found either as a dispute between the parties or as a whole with respect to Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 7, Eul evidence Nos. 4 (including each number), and the testimony of the witness E at the trial.

Around January 12, 2011, Defendant B, who engages in the business of collecting and selling clothes in the name of “C”, set the construction cost of the new construction of the D-ground C-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

B. On February 12, 201, the Defendant Company subcontracted to the Plaintiff the remainder of the construction work (hereinafter “instant construction work”) excluding the part of the site development work during the instant construction work, to KRW 202,00,000 (value-added tax separate). Defendant B provided a payment guarantee for the construction work payment for the instant construction work portion on February 2, 201, before the Defendant Company subcontracted the instant construction work to the Plaintiff.

C. Defendant B paid KRW 241,00,000,000 in total, as the down payment, to the Defendant Co., Ltd. on December 24, 2010; KRW 30,000,000 on Jan. 10, 2011; KRW 122,00,000,000 on February 22, 201; and KRW 71,000,000 on March 30, 201; Defendant B suspended the instant construction work on or around March 10, 201, the Plaintiff, who did not pay the subcontract price to the Plaintiff.

2. The parties' assertion

A. Although the Plaintiff’s assertion completed most of the instant construction work, the Plaintiff paid only KRW 10,000,000 out of the construction cost of KRW 202,00,000 to the Defendant Company.

Therefore, Defendant B is a subcontractor, and Defendant B is jointly and severally liable for payment for the construction cost, and the construction cost of the Plaintiff’s non-execution portion is KRW 4,845,000 and the Plaintiff’s defective construction work.