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 purport of the appeal.

1. Basic facts

A. The plaintiff is a company that carries on construction business and interior decoration business, and the defendant is a company that carries on indoor construction business.

B. On September 2013, the Defendant awarded a contract for the New Model Housing Construction Corporation (hereinafter “instant construction”) and subcontracted part of the instant construction to Hansung Co., Ltd. (hereinafter “Seng”).

[Ground of recognition] Eul evidence 1, Eul evidence 5-3, Eul evidence 5-4, Eul evidence 6-1 to 6-3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) between the Defendant and the Defendant on October 18, 2013, the Plaintiff entered into a subcontract with the construction cost of KRW 93,50,000, and the construction period from October 18, 2013 to October 25, 2013. However, the Defendant only paid KRW 81,730,00 out of the construction cost, and did not pay the remainder of KRW 11,770,00,00, and thus, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost. 2) The Defendant did not enter into a subcontract with the Plaintiff as alleged by the Plaintiff, or subcontracted the Plaintiff to install a DNA during the instant construction period.

The Defendant awarded to the non-party company the remainder of the construction work, including the incidental civil engineering and the structural construction except for the structural construction among the instant construction work, and later paid the total amount of the subcontract price to the non-party company.

B. According to the evidence evidence Nos. 1 through 3 and evidence Nos. 3, the Plaintiff and the Defendant are the parties to the contract, and the standard subcontract form for the construction work (Evidence No. 1; hereinafter “instant contract”) was prepared on October 18, 2013 with respect to the construction work of the instant construction project, with the construction period of which from October 18, 2013 to October 25, 2013; and the contract amount of which is KRW 93,500,000, with respect to the construction work of the instant construction project, with the Plaintiff and the Defendant as the party to the contract.