1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

1. Basic facts

A. On September 9, 201, the Defendant and Seodae Construction Co., Ltd. (hereinafter referred to as “Seodae Construction”) jointly received the 2,160,427,000 won of the total cost of the instant construction works for the improvement project of access roads B from Chungcheongnam-do (hereinafter “instant construction”). The west Construction Co., Ltd. (hereinafter “instant construction works”) decided that the part of the instant construction works among the instant construction works will be entrusted with the part of the earth and sand (hereinafter “instant earth and sand”) among the instant construction works.

B. Around September 15, 2011, Defendant and west Construction commenced the instant construction, and the instant construction was completed on or around September 5, 2014.

[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 13 through 15, and the fact-finding inquiry and reply to the official branch of the Chungcheong Construction Business Office of this Court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Defendant was awarded a contract for the instant soil construction from Chungcheongnam-do, and was awarded a subcontract for the instant public construction works in the name of Yannam-do Co., Ltd. (hereinafter “Yannam-do”). The Plaintiff was awarded a subcontract for the said soil construction and civil construction works by the Defendant through the Defendant C.

(2) The subcontract price that the Plaintiff is obligated to receive from the Defendant is as follows.

(A) As to the part of the land construction in this case, the Defendant agreed to pay the Plaintiff the remainder after deducting the amount calculated by applying 2.5% of the installment payment as payment for the first construction cost from the final construction cost, 25% of the installment payment for the changed construction cost, and 12.5% of the installment payment.

Defendant received KRW 1,976,00,000 for the first construction cost from Chungcheongnam-do after receiving an order of KRW 1,204,005,967 for the first construction cost, and subsequently received KRW 1,976,00 for the construction cost after a design modification (the increase in KRW 771,95,03). The subcontract price is KRW 1,434,99,999 for the first construction cost (=820,909,091 + KRW 903,000 for the first construction cost + KRW 1,204,000 for the value-added tax + KRW 82,090 for the value-added tax 】 KRW 614,090,909 for the first construction cost ($ 909 for the value-added tax) (the subcontract price is KRW 82