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1. The plaintiff's appeal and its extended and added claims are all dismissed.
2. The costs of appeal and the costs of appeal shall be considered in the trial.
Reasons
1. Basic facts
A. On November 5, 2010, the Defendant entered into a subcontract with the Hanjin Industries Co., Ltd. (hereinafter “ Hanjin Industries”) to conclude a subcontract with the content that such subcontract will be accepted by setting the construction cost of the incidental civil works on B apartment units as KRW 1,318,061,867, and the construction period from November 5, 201 to July 11, 201.
B. Around that time, the Defendant prepared a subcontract statement (No. 1 certificate; hereinafter “instant subcontract statement”) that is calculated as KRW 410,885,154 in total by setting labor costs and expenses for each type of work with respect to sewage construction, drainage construction, retaining wall construction, etc. (hereinafter “instant construction”) excluding steraras railing construction and stone steing construction among the aforementioned ancillary construction works (hereinafter “instant construction”). At the same time, the Defendant requested C to rede the subcontractor to implement the instant construction at 90% of the construction cost under the subcontract statement.
C. On November 2010, the introduction of C, the Plaintiff entered into a sub-subcontract with the Defendant, providing the materials and the Plaintiff with labor and expenses, to perform the instant construction work at KRW 369,796,638, which is 90% of the construction cost on the instant subcontract statement (hereinafter “instant sub-subcontract”).
The Plaintiff’s performance of the instant construction from November 201 to June 2011 was not completed, and the construction was suspended on or around June 201. At that time, the construction payment that the Plaintiff received from the Defendant is a total of KRW 267,172,905 (including the construction payment received directly from the Han Heavy Industries).
E. Meanwhile, on June 30, 201, the Defendant and the Hanjin Industries entered into a contract to change the construction period from November 5, 2010 to August 31, 201 with respect to the subcontract for the said ancillary civil works, and to the construction cost to KRW 1,381,083,469. This reflects the direct cost and indirect cost for the additional construction of reinforced concrete pipes (outstanding pipes).
(f).