1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. On November 30, 2010, the Plaintiff (contractor) entered into a subcontract with the Defendant (contractor) setting the construction period as KRW 165,00,000 for the incidental civil works among the new construction works of YYYYA as the main contractor (hereinafter “instant construction works”) from November 30, 201 to January 30, 201, and the construction cost as KRW 165,00,000 for the construction cost.

The Defendant paid the Plaintiff KRW 79,090,000, totaling KRW 54,450,000 on December 20, 2010 and KRW 24,640,00 on February 11, 201.

On February 28, 2011, the Plaintiff entered into a subcontract modification agreement with the Defendant to change the construction period from November 30, 201 to February 28, 201, on the ground that “the extension of the construction period and the increase of the construction amount due to design modifications” with respect to the instant construction work, and the construction amount to KRW 168,932,50 (excluding value-added tax).

On March 30, 2011, the Defendant agreed with the Plaintiff on the final settlement of the instant construction cost as KRW 185,825,750 (including value-added tax).

On March 31, 2011, the Plaintiff entered into a written consent for direct payment of subcontract consideration with the Defendant: “The subcontract period: from October 30, 201 to February 25, 2011 (the date of actual completion); “185,825,750 won under the total contract amount; and KRW 168,932,50 under the modified contract amount as of February 28, 201; and KRW 10% under the value-added tax shall be KRW 185,825,750 if the value-added tax is added to KRW 10% under the modified contract amount as of February 28, 201.”

On March 31, 201, the Defendant paid on behalf of the Plaintiff the sum of KRW 1,243,000 (the sum of KRW 630,000,000 and KRW 1,130,000,000 for soil and sand and waste disposal expenses, and the sum of KRW 500,000,00 for waste disposal expenses) according to the mutual aid agreement with the Plaintiff on March 31, 201, deducted it from the unpaid amount.

The defendant has KRW 78,543,323 as the unpaid construction cost for the plaintiff, and the direct claim for the subcontract price for the company that received the sub-subcontract from the plaintiff, the wage claim of the plaintiff worker, and each of the above claims.