1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 4 (including additional numbers):

From October 30, 201 to March 6, 2013, the Plaintiff completed the construction by re-subcontracting the unclaimed construction works in the 13 construction sites, including D Motor Vehicle Research Institute in the former North Korea-gun C, from the Defendant.

B. The construction price for the said 13 construction sites is KRW 63,737,800 in total, and the Plaintiff received KRW 34,220,000 out of the said construction price from the Defendant.

C. On September 14, 2012, the Defendant was awarded a subcontract with the construction price of KRW 320,000,000, on the ground of the land other than the Flinsan-gu, Busan-gu, Seoul-si, Seoul-si, for the construction period from August 22, 2012 to May 31, 2013.

2. The assertion and judgment

A. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 29,517,800 (=63,737,800), - 34,220,000) and delay damages therefrom, barring any special circumstance.

B. The Defendant asserts that the Plaintiff had already repaid KRW 14,280,000 out of the Plaintiff’s claim amount, and that labor cost of KRW 1,170,000 on the site of “Gwangwon Housing Housing” amounting to KRW 1,170,000 was paid by the limited company.

The written evidence Nos. 2 and 3 alone is insufficient to admit the defendant's assertion that the defendant's above performance is satisfied, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion is without merit.

C. (1) The Defendant asserted as to whether to set off the foregoing E-building Construction Works (the amount equivalent to KRW 190,539,000, out of the total amount of unclaimed construction works 320,000,000) was offered to the Plaintiff as to the part of the unclaimed construction of the above E-Building Construction. The Defendant concluded a partnership agreement with the Plaintiff (hereinafter “instant partnership agreement”) upon the Plaintiff’s consent.

The main content is 20% of net earnings.