1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. The instant construction contract and subcontract 1) Defendant (the first trade name was E Co., Ltd.) was changed to F Co., Ltd. on April 21, 2010, and as of April 25, 2012, respectively.

(2) On September 18, 2009, G Hospital established a general remodeling project for the main hall of the said hospital (hereinafter “instant construction project”).

) The construction cost of KRW 240,000,000 ( January 2, 2010) increased to KRW 391,760,000.

H (one person: I; hereinafter referred to as “H”) other than a constructor as defined in the Framework Act on the Construction Industry following the contract.

2) The instant construction was subcontracted to the Defendant’s representative director, without notifying the fact of the said subcontract to the Defendant, and the J introduced H as the Defendant’s on-site director, and issued the Defendant’s employee identification to H so that H may perform the instant construction work in the name of the Defendant’s G Hospital, etc.

B. Plaintiff A’s participation 1) A’s statement to the effect that Plaintiff A received labor cost and material cost from the Defendant at the request of H, which was known to the head of the Defendant’s site, from around October 2009 to around January 201, 2010, Plaintiff A supplied copies and materials for external metric tons and interior design works during the instant construction, but did not receive part of the total labor cost and material cost of KRW 85,885,00, which was not paid on February 16, 2010 (i.e., KRW 33,885,000 (= KRW 85,885,000- KRW 52,000).

A) Upon receipt of the foregoing statement, H affixed the Defendant’s employee identification number issued by J of the Defendant’s representative director to the said statement, and directly executed a private person. (2) Plaintiff B, upon the Defendant’s request from H to January 2010, upon receipt of the Defendant’s on-site director, was performing the instant metal work, until January 2010. However, Plaintiff B did not receive some of the construction cost of KRW 45,498,00, which was paid at the time when H was requested to do the said construction work. As such, the unpaid construction cost of February 16, 2010 = 21,498,000.