1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The plaintiff's claim extended in the trial room.

1. Basic facts

1. Facts of recognition;

A. A. Around June 1, 2012, the Defendant entered into a subcontract contract for the construction work of the parts of the instant new construction work (hereinafter “instant construction contract”) among the new construction works in the Cheongju-si B (hereinafter “Korea-Japan-si”). Around that time, the Defendant entered into the subcontract contract for the construction work of the parts of the instant new construction work (hereinafter “instant construction work”).

(However, the contract was drafted on September 5, 2012). (B)

In the instant construction contract, the Plaintiff and the Defendant determined KRW 377,700,518, which is the amount obtained by subtracting 3% public expenses from the amount of the contract for the prompt construction work between the Defendant and the Korea-Japan, the contract amount for the instant construction work. The method of payment was agreed to pay in cash after the 7th day of the following month after the settlement of the existing construction work once a month.

C. From the beginning of June 2012, the Plaintiff continued the instant construction work and suspended the construction work on December 2012. D.

According to the instant construction contract, the Defendant paid part of the construction cost to the Plaintiff according to the flag of each month, and to the father and material customer who mobilized by the Plaintiff, and paid the construction cost in the manner of direct payment to the Plaintiff. At each time of payment for completed portion, the Defendant settled the accounts of the Plaintiff and the Plaintiff on the settlement amount and received the Plaintiff’s signature

In such a way, the Defendant paid the Plaintiff construction cost calculated by subtracting 3% from the progress payment, which was paid as the period from June 2012 to November 2012, 2012, to the Plaintiff. However, the construction cost on December 2012 was not yet paid to the Plaintiff due to disputes, such as the discontinuance of construction.

E. The Defendant received the payment of KRW 21,524,360 as the progress payment for the instant construction project from the Han public official of Korea, and KRW 4,929,160 as the payment for the completion payment for the instant construction project, and KRW 12,291,775 as the payment for the completion payment for the instant construction project.

【In the absence of dispute, Gap’s 1, 2, Gap’s 4, 5, Gap’s 7, Eul’s 2, Eul’s 5, and Eul’s 15.