1.The judgment of the first instance shall be modified as follows:

The Defendants jointly do so to the Plaintiff, as well as KRW 65,727,435.

1. Facts of recognition;

A. The Plaintiff is a joint owner who is engaged in civil engineering and construction business, and the Defendants are co-owners who intend to newly construct multi-family houses on the ground of 2,449 square meters of forests and fields D in Tong-si.

B. On January 24, 2017, the Defendants issued a contract for the said new construction work (hereinafter “instant new construction work”) to E Co., Ltd. (hereinafter “E”) by setting the construction cost of KRW 1,830,00,000 (in the event of a contract, KRW 400 million, KRW 300 million upon completion of civil works) and the construction period by December 2017.

Accordingly, the Defendants transferred KRW 400,000,000 to E’s account on January 25, 2017.

C. On April 13, 2017, E entered into a subcontract with the Plaintiff for the construction cost of KRW 279,400,000 and the construction period from April 13, 2017 to August 31, 2017. ② On June 13, 2017, E entered into a subcontract for structures and appurtenant works among the instant new construction works (hereinafter “second construction works”) with the construction cost of KRW 389,400,00, and the construction period from June 13, 2017 to September 30, 2017 (hereinafter “the instant subcontract works”).

On March 25, 2017, the Plaintiff entered into a lease agreement with G on April 26, 2017 on temporary materials, such as oil pumps, water pumps, and non-line pipes, and on April 26, 2017, the H beamline (hereinafter the aforementioned temporary materials and H beam beamline collectively referred to as “the instant temporary materials, etc.”) and installed by transporting the instant temporary materials, etc. at the construction site at the instant construction site around that time.

E. The Plaintiff did not fully pay the instant subcontract price to the Plaintiff, the Plaintiff suspended the instant subcontracted project, and on July 24, 2017, concluded a settlement agreement with E to settle the instant subcontract price at KRW 331,00,000.

F. Meanwhile, on July 25, 2017, E renounced the instant new construction work, and on September 5, 2017, E agreed to settle the instant new construction cost at KRW 525,00,000 with the Defendants.

(g).