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.

Basic Facts

The plaintiff is a person who is engaged in the work of contracting construction machinery, etc. under the trade name of "B," and the lender construction (hereinafter referred to as "large-scale construction") is a company engaged in civil engineering and soil work, etc., and the defendant is a company engaged in civil engineering work.

Around June 2013, the Defendant entered into a contract for construction work with D&C located in Seosan City (13-Woo-12, 13-Woo-29, hereinafter referred to as “instant original construction”).

On March 22, 2014, the Defendant subcontracted 130,350,000 won to the lender construction of this case’s main construction (hereinafter “instant main construction”) and 222,20,000 won of the instant main construction among the instant main construction works (hereinafter “instant reinforced concrete construction”). On April 2, 2014, the Defendant sent notice of the details of the said subcontract to the Air Force 200,000 Air Force (hereinafter “instant main construction”).

On April 7, 2014, the Plaintiff entered into a construction contract for the instant soil works and reinforced concrete construction works (hereinafter referred to as “instant suspended construction works”) and carried out a stop work by inserting dump trucks, drillings, etc. in accordance with the direction of the lender construction from April 7, 2014 to June 13, 2014. The costs incurred therefrom are KRW 23,850,000.

The Defendant’s payment to the lender for a subcontract for the instant sub-construction at KRW 20,00,000 on March 22, 2014, and KRW 20,00,00,00 on April 18, 2014;

5. 17.10,094,00 won in total and 50,094,000 won in subcontract consideration for the instant reinforced concrete construction, and KRW 40,139,00 in subcontract consideration for the instant reinforced concrete construction;

5. 17.92,301,00 won, and 4,488,000 won on June 11, 2014, and 181,56,000 won on June 16, 2014, and the lender construction issued a tax invoice according to the above amount.

On the other hand, on June 18, 2014, a lender and a lender have to discontinue construction on the ground that construction of this case subcontracted by the Defendant could not proceed with the instant soil construction and steel confecting construction.