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 May 31, 2011, the Defendant issued a contract to B for the construction of a multi-family house C on the ground of racing (hereinafter “instant construction”) at the construction period from June 1, 201 to September 30, 201, with the construction cost of KRW 300,000,000.

(hereinafter “instant contract”). (b)

On June 11, 2011, the Plaintiff entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with respect to the newly constructed portion of the instant construction project (excluding civil engineering, appurtenant works, and landscaping works) as follows.

Construction period: Method of payment of 265,00,000 won (excluding value-added tax, and 2650,000 won per deliberation) on June 15, 2011; completion of November 14, 2011:

(a) Advance payment: No one;

B. (i) Payment of KRW 50,000,000 upon the commencement of Sheshelled Works ? Payment of KRW 50,000,000 upon the completion of the Meshelled Works ? Payment of any balance within ten (10) days after the completion of the Works

C. The Plaintiff did not receive the completion payment from B to June 30, 201 after proceeding with the first floor construction of the multi-family house on the ground of the above C, and the construction was suspended around August 201.

B On August 11, 2011, the Plaintiff prepared a certificate of assignment of claims to the effect that “B transfers the construction price of KRW 2.65 million to the Plaintiff that it will be paid by the Defendant with respect to the instant construction work,” and the Defendant was notified of the said assignment of claims on August 19, 201.

E. On the other hand, on August 19, 201, B prepared to the Defendant an explanatory note stating that “In the event that the instant construction is resumed and no on-site work is carried out for at least five days unless there is any change in weather, B shall waive all the construction works and be liable for damages” (hereinafter “each of the instant notes”).

F. The Plaintiff does not resume construction after the suspension of construction as above, and B is still missing.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 9, Eul evidence Nos. 1, 3 and 6, respectively.