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. Facts of recognition;

A. On June 19, 2013, Daedae Construction Co., Ltd. contracted the contract amount of KRW 923,441,780 (including value-added tax) to the Defendant with the tin construction work of 10 apartment complexes of Incheon B apartment construction section 2, Incheon, and 10 (hereinafter “the instant tin construction”).

B. On October 7, 2013, the Defendant subcontracted the instant stone construction project to C by setting the construction cost of KRW 231,000,000 (excluding value-added tax).

C The subcontracted work was provided with stone materials from the Defendant, and it was employed by himself, and attached stone materials to the above 10 apartment complexes, and the outer wall was built in a building, and the floor was built by damp.

However, around May 2014, C concluded a sub-subcontract with the content that the Plaintiff entirely performs the floor-proof construction work (hereinafter “instant construction”) among the instant stone construction works.

C. C received construction cost of KRW 41,000,000 from the Defendant on June 24, 2014, and paid KRW 21,000,000 among them to the Plaintiff on June 26, 2014.

After that, the Plaintiff discontinued the process of construction without the continuous payment of the construction cost of the instant case, and agreed to find the Defendant’s Seoul office and the large-scale industry site office as a field office.

E. On July 2014, the Plaintiff and the Defendant drafted a subcontract document (Evidence A 5) on the instant construction project, excluding C, and the date of the contract is retroactive to May 1, 2014, and the construction amount was set at KRW 56,690,00, and the construction period until July 15, 2014.

According to the instant construction contract, the volume after completion of construction is settled, and the construction cost is determined to include personnel expenses, defect disposal expenses, and heavy equipment cost.

F. On July 10, 2014, the Plaintiff and the Defendant shall pay KRW 31,50,000, which is a part of the construction cost stipulated in the instant construction contract (the labor cost in July and the user fee in short, shall be directly paid by the Defendant, and the deduction shall be made from the amount to be paid by the Plaintiff) by the 21st day of the same month.