1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the first instance court.

1. Facts of recognition;

A. On October 5, 2012, the Defendant entered into a contract for construction works and the progress of construction works (hereinafter “C”) with C Co., Ltd. (hereinafter “C”).

(D) The Construction of Urban Residential Housing (hereinafter referred to as the “D Corporation”) in Seoan-gu and Seoan-gu, Seoan-gu, Seoan City D

(2) On October 26, 2012, the Plaintiff subcontracted the portion of the civil engineering works out of Dwork from C to KRW 280 million (one-one-one million interest rate for delayed payment) and thereafter started the said civil engineering works around that time.

3) In order to guarantee the payment of the contractor, the Defendant is a limited partnership E in C (hereinafter “E”).

A) Around November 2012, E and D contracts for construction works were concluded, and E also succeeded to the contractor status of D & D works. 4) On December 20, 2012, the Defendant entered into a contract for construction works of KRW 8 billion (payment for a monthly progress payment) with respect to construction works for urban-based housing (hereinafter “F works”) on the F and Seoan-gu, Seoan-gu, Seocheon-gu, Seoan, Seoul.

5) On January 7, 2013, the Plaintiff entered into a subcontract for the part of the Civil Works among FF works with the price of KRW 410 million (1/1000 per day of payment delay interest rate) and thereafter, the Plaintiff started the Civil Works. (B) The Defendant agreed to terminate the contract for the entire works with the representative director G, etc. in the name of E as of March 29, 2013 (hereinafter “instant termination agreement”).

2) In the process of the termination agreement in this case, the Defendant promised to receive the full payment of the subcontractor’s term and the entire amount payable in D Corporation. The Defendant drafted a letter of undertaking that “The contractor at the present site succeeds to the entire amount of the claim to D Corporation.” C. The Plaintiff completed the civil works among D Corporation around the end of December 2012, and the sn beam beaming work around February 2013.