1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant’s contract between the Defendant and the Seo Sea Comprehensive Construction Co., Ltd. (hereinafter “Seo Sea Comprehensive Construction”) is a contract between the Defendant and the Seo Sea Comprehensive Construction Co., Ltd. (hereinafter “Seo Sea Comprehensive Construction”), and the Defendant’s construction of B facilities to December 26, 2012 (hereinafter “instant construction”).

(2) A contract was concluded between December 26, 2012 and December 20, 2013, under which the contract was made by setting the price of KRW 1,494,966,060; and the period from December 26, 2012 to December 20, 2013; thereafter, the contract was changed to KRW 1,493,77,148 on July 8, 2013, and re-revision the price of KRW 1,637,079,160 on December 20, 2013; and the period until January 19, 2014.2) The Defendant paid KRW 350 million on February 7, 2013, and KRW 500,000 on May 15, 2013.

3) In the instant construction contract, the Ministry of Strategy and Finance made it part of the accounting rules related to the State contract and incorporated the “general terms and conditions of construction contract” into the terms and conditions of the contract for government-funded construction works ordered by the State, local governments, etc., and the provisions pertaining to advance payment are as follows:

1. Where a judgment received by a subcontractor against the counter-party to the contract has become final and conclusive, which orders the payment of the subcontract consideration for the portion he/she executes;

2. Where the other party to a contract is unable to pay the subcontract price to a subcontractor due to bankruptcy, dishonor, suspension of business, revocation of license, etc.;