1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

1. Facts of recognition;

A. On February 19, 2009, the Defendant formed a joint supply and demand company with friendly Construction Co., Ltd. (hereinafter “Preferential Construction”) and entered into a construction contract with 365 days in total (hereinafter “instant contract”). On February 19, 2009, with respect to the Gangwon-do (hereinafter “instant construction contract”), with respect to the construction work for B (hereinafter “instant construction”) ordered at the original city, the entire contract amount shall be KRW 12,837,583,164,164, the primary contract amount shall be KRW 9,60,000,000, total construction period shall be 730 days (from February 25, 2009 to February 25, 2011) and the first construction period shall be 365 days (hereinafter “instant contract”). However, if a cause for the instant contract arises without any cause attributable to the contractor, the public official in charge of contracts shall apply for an extension of the contract period within the scope of the changed contract period, and shall not exceed the contract amount.

B. Since then, the Defendant independently performed the construction on the remaining portion of the construction of friendly construction due to a default on the payment of friendly construction. The instant contract amount was 5,973,050,000 won for the contract amount as of July 11, 201 due to an extension of construction period and an increase or decrease in construction amount, and the total construction amount was 12,753,050,000 won for the contract amount as of July 11, 201.

C. On May 31, 2010, the Defendant entered into a subcontract with E.S. Co., Ltd. (hereinafter “A.S”) for reinforced concrete construction and ② soil-related construction (hereinafter “instant subcontract”) during the instant construction, and the Plaintiff entered into the said subcontract.