1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall include all the parts arising from the participation in the appeal.

1. Basic facts

A. On December 23, 201, the Intervenor’s Intervenor (hereinafter “ Intervenor”) entered into a contract with the Defendant, who is the ordering person of the construction work of the Seoul Gangnam-gu Complex 1, A3 block apartment construction work, with respect to the said construction work, with respect to the contract amount of KRW 54,249,68,00, and the date of commencement for the construction period: December 30, 201; machinery and construction: on February 16, 2012; on August 31, 2013; respectively, the date of completion; and on August 31, 2013.

B. On March 31, 2012, the Intervenor entered into a subcontract (hereinafter “instant subcontract”) with respect to reinforced concrete construction (hereinafter “instant construction”) among the construction works described in the said paragraph, with respect to which the contract amount was KRW 8,086,90,000, and the construction period was from March 31, 2012 to August 31, 2013 (hereinafter “instant subcontract”). On November 14, 2012, the Intervenor changed the contract amount of the instant subcontract to KRW 9,615,90,000, and the contract amount of the instant subcontract to KRW 13,075,400,000 on March 29, 2013, respectively.

C. On April 23, 2012, the Defendant, the Intervenor, and the Dried Construction filed a claim against the Defendant for the payment of the construction cost by classifying the details of the dry Construction’s execution, and the Defendant agreed to directly pay the construction cost corresponding to the construction cost of dry Construction to the Dried Construction (hereinafter “instant direct payment agreement”). D.

On May 23, 2013, the Intervenor submitted to the Defendant the Initial Inspection Board (14 times) regarding the part of the flag on May 23, 2013, and the Defendant directly paid the construction cost of KRW 7,386,024,242 in total pursuant to the instant direct payment agreement by May 30, 2013, including the payment of KRW 315,50,000 for the completed portion of the instant construction that was executed by dry Construction.

E. On June 4, 2013, the Intervenor suspended the instant construction on the grounds that wages were unpaid, etc., and the Intervenor urged to perform the construction works several times during dry Construction, while submitting a construction implementation plan.