1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim is added by the court of the trial.

1. Basic facts

A. The Plaintiff is a company that carries out interior fishing, etc.

B. On September 6, 2012, the Defendant entered into a contract with the non-party company for the construction of a building with the 116m2 and 728m2 above ground (hereinafter “instant building”) on the land (hereinafter “instant construction”) with the non-party company as the construction cost of KRW 800,000,000, and the construction period of the construction as until January 20, 2013, between the Defendant and the non-party company.

The non-party company performed the above construction since September 2012, but renounced the above construction on March 8, 2013.

(No. 21) Document of contract

1. A project owner: The defendant;

2. Name of contracting project: Newly built multi-household housing.

3. The construction site: B and C.

4. Construction period: May 22, 2013.

5. Contract amount: 600,000,000 won (excluding value-added tax).

6. Payment of the price;

(a) A substitute for a loan of 60,000,000 won for the studio 303 and 304 units for new construction of B within one day after concluding an advance payment contract;

(b)cash 100% of the payment method within 14 days from the date of receipt of the completed portion;

9. The rate of penalty for delay: The total amount of the construction work shall be 800,000,000 won.

Provided, That the portion of the pre-construction shall be 200,000,000 won for the portion of the pre-construction.

C. On April 12, 2013, the Defendant entered into a contract (Evidence A 1; hereinafter “instant contract”) between the Plaintiff and the Plaintiff with the content that the Defendant would contract the Plaintiff for the instant construction work with the cost of construction KRW 660,000,000 (i.e., the cost of construction KRW 600,000,000, value-added tax of KRW 60,000,000), as stated in the following contract (Evidence A; hereinafter “instant contract”).

On May 29, 2013, the Plaintiff changed the construction period of the instant contract between the Defendant and the Defendant until June 24, 2013 (Evidence No. 31) and completed the said construction work on April 22, 2014.

From April 6, 2013 to April 15, 2014, the Defendant paid KRW 519,100,000 to the Plaintiff out of the said construction cost of KRW 660,00,000, and KRW 140,900,000 (i.e., the aforementioned KRW 660,000,000).