1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 11,264,00 for the Plaintiff and its related costs shall begin on October 22, 2013.

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in construction machinery contracting and leasing business.

B. On February 10, 2012, the Defendant entered into a contract with the Southern-gun to supply and demand C Sewage culvert Maintenance Works (hereinafter “instant construction works”) from the Navy (hereinafter “instant contract”). From February 16, 2012 to December 30, 2012, the construction cost was KRW 2,451,990,80 (hereinafter “instant construction works”).

After that, the Defendant and the Navy changed the construction period of the instant contract from February 16, 2012 to February 26, 2013. On June 7, 2013, the construction cost of the instant contract was changed to KRW 2,080,086,000.

C. On March 20, 2012, the Defendant entered into a contract with D (hereinafter “D”) on the terms of subcontracting the instant construction work amounting to KRW 1,429,050,000 for the construction work period from March 20, 2012 to December 20, 2012 (hereinafter “instant subcontract”).

On December 31, 2012, the Defendant and D changed the construction period of the instant subcontract from March 20, 2012 to February 16, 2013, and changed the construction period into KRW 1,369,513,000 on June 17, 2013.

From April 25, 2013 to April 27, 2013, the Plaintiff: (a) performed the database construction work at the instant construction site; and (b) the construction cost is KRW 11,264,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) At the Defendant’s request of the head of the On-Site Work Team E, the Defendant did not pay the construction cost. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 11,264,00 and the damages for delay thereof. 2) Even if the Defendant did not recognize the contractual liability to the Defendant, the Defendant directly operates the instant construction.