1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On December 11, 2014, the Plaintiff entered into a contract with the Defendant for a construction project (hereinafter “instant construction project”) with the name of 150,200 CBM L.G.C. (PRE-EICON & TTRS ZE 67) and the construction period from December 9, 2014 to February 28, 2015 (excluding value-added tax). On January 2, 2015, the Plaintiff paid the Defendant KRW 88,000,000 (hereinafter “instant advance payment”).

B. On December 12, 2014, the Defendant concluded a construction contract with the purport of resubcontracting the instant construction work to the Human Interest Industry Co., Ltd. (hereinafter “Human Interest Industry”) and with the construction period from December 12, 2014 to February 28, 2015, with the construction cost of KRW 580,000,000.

C. While the interest industry did not receive the construction cost for the already 320 tons to 410 tons before the end of January, 2015, it notified the Plaintiff and the Defendant that it is difficult to perform additional works due to the unit price problem and supply and demand problem.

On February 16, 2015, the Plaintiff, the Defendant, and the interest industry entered into a contract with the Plaintiff and the interest industry to exclude the Defendant from the instant construction project, and the Plaintiff and the interest industry directly entered into a contract for construction. The instant construction contract and content are identical to the instant construction project between the Plaintiff and the interest industry, but the contract amount was changed to KRW 900,00,000 during the construction period from December 9, 2014 to March 15, 2015.

On the same day, the Plaintiff and the Defendant drafted a written agreement regarding the exclusion of the Defendant from the instant construction works, as follows:

(hereinafter “instant agreement”) With respect to construction works between the Plaintiff and the Defendant on December 11, 2014 and 200 CBM L.G.C (PRE-EN & TNPPPPS PE 67), the Plaintiff and the Defendant, on mutual convenience, will cancel the order, and the Defendant will waive this construction works.