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. Defendant and F Subcontract 1) Defendant and G Co., Ltd. (hereinafter “G”);

Defendant and G are joint contractors, each of which owns 49% and 51% shares as a joint contractors, and each of which owns 49% and 51% shares, on or around June 201, the Korea Southern Power Development Co., Ltd., and the Bodones Corporation (hereinafter “instant construction”).

F Co., Ltd. (hereinafter “F”) around July 1, 2014

() From July 1, 2014 to September 30, 2016, the period of construction was determined and subcontracted as KRW 14,813,150,00 (including value-added tax). (ii) After September 21, 2015, the Defendant, G and F increased the contract amount to KRW 22,513,150,00 (including value-added tax) under the said subcontract.

B. The Plaintiff’s supply contract and F’s supply of materials in 2015 (i) the Plaintiff entered into a contract with F to supply hot water relating to boiler at the construction site of the instant construction site (hereinafter “instant contract”).

(2) According to the instant contract, the Plaintiff supplied F with the physical materials equivalent to KRW 41,984,030 from September 26, 2015 to October 25, 2015 (the cost of materials for October 25, 2015), KRW 26,780,160 (the cost of materials for November 26, 2015), and KRW 69,046,670 from November 26, 2015 to December 26, 2015 (the cost of materials for materials for December 26, 2015).

C. F’s aggravated financial standing, etc. 1) As of November 2015, 2015, F did not use the construction cost (construction cost from October 21, 2015 to November 20, 2015) from the Defendant for materials and equipment expenses in the instant construction site, etc., and thus, F was in a de facto default status due to the Plaintiff’s failure to pay bills, the maturity of which falls at the end of December 2015. 2) Accordingly, the Plaintiff also from F until January 2016.

B. (2) The Defendant was not paid the price of each material as of October 2015, 2015, the portion of November 2015, and the portion of December 2015, 2015. D. F’s written consent for the payment of the price for completed portion as of January 25, 2016, and the payment of the price for completed portion as of January 25, 2016 is made between F and F. Accordingly, the payment for the construction cost is made from December 2015.