1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Defendant (the future trade name was the “Fudong Co., Ltd.,” but, on December 3, 2010, was changed to the “Fudong Co., Ltd.,” and as of August 8, 201, respectively, into the trade name as of August 8, 201) was awarded a subcontract for the secondary incidental civil works (hereinafter “instant construction works”) among the new construction works of the B building in Changwon-si Co., Ltd., Ltd. (hereinafter “Fuwon”), for the construction cost of KRW 281,60,000 (including value-added tax).

B. Around September 2009, the Defendant re-subcontracted the instant construction work to the Plaintiff (E Company) at KRW 183,790,000 for construction cost (excluding value-added tax).

C. Around January 2010, while the Plaintiff was running the instant construction project, the construction was suspended without paying the construction cost. At the time, the Plaintiff’s progress payment was KRW 143,426,626.

Before the discontinuance of the above construction work, the Plaintiff received payment of KRW 53,00,000,000 in total from the Defendant on November 13, 2009 and KRW 28,000,000 in total, prior to the discontinuance of the construction work.

E. On January 14, 2010, the Plaintiff received KRW 20,000 from Ireland Korea during the discontinuance of the said construction work, and around January 29, 2010, the Plaintiff agreed to receive the instant construction cost directly from Ireland Korea, and entered into a written consent for payment of the price (hereinafter “instant written consent for payment”). At that time, the Plaintiff submitted the written consent for payment of the direct payment (hereinafter “instant written consent for payment”).

On-site name: 70,420,629 Won 70,420,629 = progress payment of KRW 143,426,629 = 53,00,00 received from the Defendant - Period of work (including value-added tax) of KRW 20,00,000 (including value-added tax) received from Ireland Korea: It shall be paid directly from Ireland Korea for the above cases (including the amount of work completed from September 1, 2009 to December 12, 200) during the execution of the construction from Ireland to September 12, 2009, and also for the above site amount implemented from January 1, 2010 to the beneficiary concerned.