1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in the evidence No. 2-1, No. 2, and No. 3.

The defendant was awarded a contract for construction work of the urban railroad section 2 among the new businesses by the business owner.

B. On March 16, 2011, the Defendant entered into a subcontract with the East Bank Development Co., Ltd. (hereinafter referred to as the “Dong Bank Development”) on the condition that the construction work of soil and structures among the construction works of the said two sections for urban railroad (hereinafter referred to as the “instant construction work”) will be executed by Dong Bank Development by setting the construction cost of KRW 24,832,50,000, and the construction period from March 16, 201 to September 14, 2014. On December 7, 2012, the Defendant entered into a subcontract amendment agreement with the said Bank Development to the effect that the construction work will be executed by Dong Bank Development only by December 31, 2012 and the construction cost would be reduced to KRW 8,147,700,000.

C. After that, on January 9, 2013, the Defendant entered into a subcontract on the condition that the remaining construction work of the instant construction is to be executed by Daenam-do from January 9, 2013 to September 14, 2014 by setting the construction cost of the instant construction as KRW 25,060,200,000, and the construction period as from January 9, 2013 to September 14, 2014.

2. Judgment on the parties’ assertion

A. The Plaintiff’s assertion 1A) The Plaintiff entered into a subcontract with the Defendant with the content that the Plaintiff will perform the entire construction work of the instant case. While the Defendant performed the instant construction work from August 21, 2012 to January 16, 2013, the Defendant did not reduce construction cost, such as general management expenses, and did not pay it.

B) Even after the Plaintiff was selected as a follow-up enterprise of the East Development, the Defendant agreed to have the Plaintiff perform the instant construction work (hereinafter the said agreement by the Plaintiff’s assertion).

In spite of Eul's failure to perform this, the plaintiff shall be ordered to accept the contract at the construction site of this case, and the subcontract with the plaintiff shall be executed.