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. Basic facts

A. On April 29, 201, the Defendant was awarded a contract with the A general industrial complex development project (hereinafter “instant construction project”) as KRW 2,124,126,50 ( KRW 2,466,930,00 on March 8, 2013; KRW 2,459,00,000 on September 10, 201; KRW 2,324,91,340 on September 24, 2013; and finally, the Defendant was changed to KRW 2,324,91,340 on September 10, 2013).

B. The Defendant awarded a lump sum subcontract to B Co., Ltd. (hereinafter “B”) by setting the time limit for completion of the instant construction as of January 28, 2013.

C. B did not observe the deadline for the completion of the construction as above and carried out the construction of this case by September 2013.

Around September 2013, the instant construction was waived without completing the construction work.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 6 (including branch numbers, if any) , the testimony of the witness C at the trial, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. Plaintiff’s assertion 1) The Plaintiff received an order for the supply of mixed aggregate for road packing from May 1, 2013 to August 31, 2013 from the Defendant’s site site site site to the Defendant, and supplied aggregate equivalent to KRW 46,768,70,00 from around May 1, 2013 to August 31, 2013. The Defendant is obligated to pay the Plaintiff the amount of KRW 46,768,700 for aggregate and the delay damages therefor. 2) Even if the Plaintiff supplied the instant aggregate to B who received a package subcontract from the Defendant for the instant construction from the Defendant, the Defendant opened and operated a site office in the name of the Defendant at the instant site in collusion with B to conceal the fact of the subcontract to the outside, and make C use the name of the Defendant’s site site, and all construction guide signs, etc. were supplied to the Plaintiff, and the Plaintiff did not receive the price from the goods B.