1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant awarded a contract with the Ministry of Environment for “C Corporation” (hereinafter “the instant construction”) and subcontracted the instant construction to D Co., Ltd. (hereinafter “D”). From February 25, 2016 to October 3, 2016, the construction cost was KRW 4,112,00,000.

B. On February 26, 2016, the Plaintiff entered into a equipment lease agreement with D, and worked on the instant construction site by January 25, 2017.

C. Defendant and D agreed on the discontinuance of construction on December 27, 2016, and on January 13, 2017, D accepted the scrap at the construction site, and the Plaintiff completed the scrap at the construction site on January 25, 2017.

Around January 20, 2017, the Defendant expressed his/her intent to rescind the agreement on the grounds that the agreement was not fulfilled with respect to D on the grounds that the agreement was not fulfilled.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1- 3, Eul evidence No. 4, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant promised to pay the Plaintiff the work cost on December 2016, which is the cause of the Plaintiff’s claim.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 11,195,00 for the work cost of December 2016 and the delay damages therefor.

B. The Plaintiff’s claim against the Defendant is working expenses on December 2, 2016, which occurred before the Plaintiff reached an agreement on the suspension of construction works with D, and thus, the Plaintiff shall claim the working expenses on December 2, 2016 to D.

3. According to Gap evidence No. 6 of the judgment on the cause of the claim, at the time when the plaintiff and other subcontractors of the construction work of this case sought employee E from the defendant who is the original contractor on December 28, 2016, the plaintiff answer that "at the time when the plaintiff dialogueed with the plaintiff on December 28, 2016, it would be understood that "at the end of October, November, and December, if the plaintiff filed a claim for the tin in December, it would be paid on January 10," and that "We will be paid on January 10," while the plaintiff and the other subcontractors of the construction work of this case.