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.

Basic Facts

The Plaintiff is a person engaged in construction machinery leasing business, construction machinery sales business, etc. under the trade name of “B,” and the Defendant is a school juristic person that operates the Jinju Health University established for the purpose of providing health care education, and the Sungju Co., Ltd. (former trade name: Red Co., Ltd.; hereinafter “SNC”) is a company that engages in civil engineering and construction business.

On July 21, 2016, the Defendant entered into a contract with Jinju National Health University for construction works (hereinafter “the instant construction works”) with Jinju National Health University during the construction period of KRW 1223.8 million (including value-added tax) and from July 25, 2016 to August 25, 2016. Thereafter, on September 7, 2016, the Defendant changed the said contract price of KRW 190 million (including value-added tax) and the construction period of KRW 190 million from July 25, 2016 to September 11, 2016.

(2) On July 2016, the Plaintiff entered into a contract with Sungju to provide equipment necessary for the instant construction and supply of soil works using the said equipment (hereinafter “instant subcontract”). At the same time, the Plaintiff entered into a contract with Sungju to provide equipment necessary for the instant construction and supply of soil works using the said equipment (hereinafter “instant subcontract”).

On September 13, 2016, after the completion of the instant construction, the Defendant paid all balance (85,170,000 won) calculated by deducting the payment for the completed portion (104,830,000 won) from the Sungju Co., Ltd.

On the other hand, on May 4, 2016, the Defendant entered into an entrustment contract with a limited liability company for the collection, transportation, and disposal of construction waste, separate from the instant contract. The Plaintiff was from July 23, 2016 to the same year.

8. By up to 27. A total of 12 occasions, using a refrigerator owned by the Plaintiff, the work was conducted to drum and divee wastes from the instant construction (hereinafter “instant work”), and a new environment limited company wastes from the Plaintiff’s instant work.