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. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) ordered D Co., Ltd. (hereinafter “D”) to build a new prefabricated (hereinafter “instant new construction”) to D Co., Ltd. (hereinafter “D”), and D subcontracted on November 30, 2007 to B Co., Ltd. (hereinafter “B”) the “F production and installation works”, which is part of the new construction works of this case, to USD 5,90,000 (hereinafter “U.S. dollars”). B subcontracted to A Co., Ltd. (hereinafter “A”), on January 30, 208, the part of the subcontracted construction works (F installation works) was sub-subcontracted to USD 6,30,00 (hereinafter “instant re-subcontract”) with the contract amount of USD 126,600,000 (hereinafter “B”).

3) On June 2, 2008, DU.S. corporation entered into a contract with the Plaintiff for partial installation works (F installation works) among the instant new construction works, and the contract is written by B as the observer. 4) Since D directly awarded a contract with the Plaintiff as described in paragraph (3) of the first subcontracted construction works to B, D revised D’s contract amount with the Plaintiff on August 28, 2008 from USD 590,00 to USD 4,852,400. Accordingly, D demanded D to supervise the Plaintiff’s construction works executed by the manufacturer of facilities, etc., and B accepted D’s said demand and dispatched the U.S. local supervisor to B on December 26, 2008 during the process of performing construction works.

6 B around January 7, 2009, A sent a content-certified mail to the effect that “the Plaintiff is performing the construction work upon entering into a construction contract with DU.S. corporation, and the re-subcontract of this case has been terminated.” Accordingly, A’s subcontract of June 2, 2008 to B around January 16, 2009 is not a separate contract.