1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On August 31, 2012, the Defendant subcontracted the construction of the erosion control tunnels and the large-dong tunnels (hereinafter “instant construction”) among the construction of the construction works that the Defendant contracted from the Korea Railroad Corporation (hereinafter “JT”) to the Jung Land Text Co., Ltd. (hereinafter “YT”).

B. The Plaintiff received a request from the Jung-Tex to lease construction equipment for the instant construction project, and from January 2014, the Plaintiff posted construction equipment to the construction site of the instant construction project.

C. However, the Jung-Tex delayed the payment of the construction cost to the traders, including the Plaintiff, and the said traders refused the progress of the instant construction from the mid-term police officer on March 2014, and made the agricultural nature at the site.

Since then, the Corporation resumed and continued to work until May 2014, and the Plaintiff also invested equipment. On June 24, 2014, the Plaintiff and the Defendant entered into a contract to acquire KRW 21,315,00 (hereinafter “instant contract for transfer of claims”) 50% out of the equipment usage fee claim 42,650,000, which the Plaintiff owned with respect to Jung landT (hereinafter “instant contract for transfer of claims”), and there was an agreement with the following (hereinafter “instant agreement”).

Agreements

1. This Agreement is concluded with a view to preventing disputes and resolving legal issues arising from the transaction prices that the Plaintiff did not receive, which was traded in the PPP construction project performed by the Defendant (hereinafter referred to as “this construction project”).

2. With respect to “this construction,” the Defendant does not file all civil complaints, such as all civil and criminal lawsuits and objections, against the Defendant in relation to this construction project, on the condition that the Party shall pay the Plaintiff the amount of KRW 21,315,00,000, which is 50% of the amount to be paid by the Party M&T to the Plaintiff.

E. On July 29, 2014, the Defendant paid KRW 21,315,00 to the Plaintiff according to the instant agreement.

[Ground of recognition] Facts without dispute, evidence No. 1.