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 March 28, 2008, a new construction company (hereinafter “new construction company”) entered into a contract with Macheon Construction Co., Ltd. for the creation of a housing site in Seoul, the construction of housing site, the construction of housing site landscape, and the construction of apartment complexes in Seoul, 72,748,140,000. On March 17, 2009, a new construction company (hereinafter “new construction company”) subcontracted the Defendant of KRW 5,52,60,000 during the said construction to KRW 2,894,40,000 on April 15, 2009

(hereinafter referred to as the “instant construction” in combination with the mechanical facility construction and fire fighting construction.

On March 209, 2009, with respect to the machinery and equipment construction works between the Defendant and E.S., the New Daily Business entered into a direct payment agreement between E.S. and E.S. to pay the construction cost of the instant case directly to E.S. in relation to the fire-fighting construction works (hereinafter “instant direct payment agreement”).

C. On June 3, 2010, Suwon District Court Branch Decision 2010 Tasan6496, as to the Defendant’s claim for the construction payment of the instant amount of KRW 4,000,000 (excluding the employee’s wage under Article 88 of the Framework Act on the Construction Industry) against the Defendant’s construction payment of KRW 3,50,000 among the Defendant’s claim for the construction payment of the instant amount of KRW 2010,100 from August 23, 2010 to the Defendant’s claim for the construction payment of KRW 20575 from the Defendant’s construction payment of KRW 3,50,000 from the Defendant’s claim for the construction payment of the instant amount of KRW 7 and August 24, 2010.

B On April 7, 2011, on the same assignment order as above, transferred claims to SP to SP and notified the assignment of claims to SP. On April 8, 2011, the above notification reached SPP. D.

On April 2011, the construction work of the apartment was completed.

The contract amount of machinery and equipment construction among the instant construction subcontracted by the Defendant due to design modification shall be KRW 5,806,000,000, and the contract amount of fire-fighting construction shall be KRW 2,94.