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 April 9, 2010, the Defendant obtained a construction permit from the Incheon City Mayor for the construction of dangerous substance treatment storage facilities on the ground of Incheon City C and D (hereinafter “instant construction”).

B. The Defendant sold the instant construction project rights to the land and the instant construction project to E and F, and the E and F concluded a construction contract with the KS Comprehensive Construction Co., Ltd. (hereinafter “KS Comprehensive Construction”) to conclude a contract for the instant construction project.

C. On December 3, 2012, the Plaintiff entered into a subcontract for the incidental civil works among the instant construction works, with the content that the construction cost would be paid at a fair rate without specifying the amount of construction cost. D.

The Plaintiff performed part of the subcontracted construction works from the KS Comprehensive Construction, but thereafter, the instant construction was suspended, and at the time of suspension, the KS Comprehensive Construction was in the state of performing only the primary construction among the instant construction works.

E. In order to pay the subcontract price thereafter, the Plaintiff received an order to pay the Defendant KRW 25,286,00 from the said court to pay the said money and the delay damages therefrom, on March 13, 2013, for the following reasons: (a) the Plaintiff filed an order to pay the Defendant the payment of KRW 25,286,00,00 for the pure construction price incurred not later than that time, excluding the material price that the KS General Construction decided to pay directly to the delivery company; and (b) the said payment order was finalized on April 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. G, the Plaintiff’s representative, G, the Plaintiff’s assertion, is the Plaintiff.