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. Facts of recognition;

A. On August 13, 2007, the Defendant contracted the construction of the new apartment D apartment (hereinafter “instant apartment”) on the ground (hereinafter “instant apartment”) and one parcel of land (hereinafter “Dong Government Construction”) to Dong Government General Construction Co., Ltd. (hereinafter “Dong Government General Construction”), and the Dong Government General Construction subcontracted the structural construction among the instant construction to B that borrowed the name of Samsan Industrial Development Co., Ltd. (hereinafter “Trisan Industrial Development”).

B. From B, the Plaintiff re-subcontracted the steel bars work (hereinafter “instant subcontracted work”). The Plaintiff included re-subcontracted the steel bars, concrete, temporary materials, expendable materials, and equipment with the exception of cranes.).

C. B commenced the structural construction of the instant construction from October 2007 to the Plaintiff, etc., and around December 2007, the construction was suspended due to the renunciation of construction works, etc.

B and the Defendant, around January 1, 2008, set the construction period from January 2008 to July 31, 2008, with respect to the entire construction of this case, newly concluded a contract for construction as the contract amount of KRW 4,720,00,000, and the Defendant issued two households (701, 702) out of the apartment of this case (701, 702) around February 1, 2008 so that the construction can be resumed with financing to B.

B around March 13, 2008, the sales contract No. 701 among the apartment of this case was offered as security and borrowed KRW 100 million from E.

E. The Plaintiff, in relation to the instant subcontracted project, paid by B for ready-mixeds, tree wage, etc. on behalf of the Plaintiff, and B, on December 8, 2008, promised to pay KRW 105,000,000 to the Plaintiff by March 31, 2009 with the instant apartment construction cost, loan money, etc.

Upon demanding the Plaintiff to pay the above payment, B, on September 21, 2009, is nominal, such as the purchase price of steel and ready-mixed materials, personnel cost of wood trees, loan amount, etc.