1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. In the first instance court, the Plaintiff claimed payment of the amount payable for the construction work and damages for delay concerning advance payment. The first instance court accepted only a part of the Plaintiff’s claim for the amount payable for the construction work and dismissed the Plaintiff’s claim for damages for delay concerning advance payment.

In this regard, the defendant only appealed against the claim for the payment of the construction cost in the judgment of the court of first instance. Thus, the subject of the judgment of this court is limited to the claim for the payment of the construction cost.

2. Facts of recognition;

A. The Plaintiff is a company established for the purpose of construction business, etc., and the Defendant is a company established for reinforced concrete construction business.

A construction subcontract agreement form

1. The name of the Busan Traffic Corporation and the original contract: Two calendars, such as C Station;

4. Construction period: Contract price on July 24, 2015, and December 20, 2015, as of December 20, 2015: 360,000,000 won (price 360,000,000, value-added tax: Application of zero-rate tax for Busan Traffic Corporation - Application of the order for Busan Traffic Corporation).

6. Payment of the price;

(a) Advance payment: Payment made within 15 days after a person receives advance payment from the person placing an order;

(b) Completion money: Payment within 15 days from the place of order and the settlement thereof after completion;

7. Items and quantities of materials to be paid: Attached separately;

8. Contract bond: 54,000,000 won - 15% of the contract deposit;

B. On July 24, 2015, the Plaintiff entered into a construction contract with the Defendant to accept two calendars, including the C Station ordered by the Busan Urban Transportation Corporation (hereinafter “instant construction project,” and the said contract was referred to as “instant subcontract”), and drafted a written subcontract agreement for construction works that includes the following:

C. On December 2, 2015, the Defendant stated to the Plaintiff that “the Defendant will pay material costs (E, F, and G, and H) out of the costs incurred in relation to the payment of the instant construction cost, and promised to pay the remainder to the Plaintiff within the construction cost.”