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

1. Basic facts

A. The Defendant’s progress of the instant new construction project 1) C Co., Ltd. (from the present trade name to July 15, 2009, to D, and to the present trade name on February 17, 2010; hereinafter “C”).

On July 5, 2006, the head of the Gu of Daejeon-gu (hereinafter referred to as the “instant project”) shall undertake a housing construction project for the construction of the Jung-gu E Apartment among Daejeon-gu.

(F) On September 19, 2006, the F Co., Ltd. (hereinafter “F”) obtained the approval of the plan.

2) As between the instant apartment construction project and the said new construction project (hereinafter referred to as the “new construction project”).

As to the construction work, F entered into a contract for construction work with KRW 10,518,530,205 with respect to the construction work of the instant new construction work (hereinafter “instant construction work”) on condition that the construction work of the instant new construction work would be subcontracted in KRW 660,00,00 (excluding value-added tax) and that the new construction work of the instant new construction work would be carried out by the Jin Enterprise Co., Ltd. (hereinafter “Din Enterprise”), while the new construction work of the instant case was carried out, F discontinued the construction work on March 3, 2008 with financial resources, such as default on payment of the construction cost, etc. by a promissory note delivered by the subcontractor to the subcontractor. Around October 5, 2008, F settled C and the existing construction work cost as KRW 4,128,839,852, and waived the said new construction work.

3) On March 20, 2008, C entered into a new construction contract with the Defendant for the instant new construction project with the cost of construction KRW 6 billion. In relation to the said new construction project, C changed the construction period from October 2008 to March 2, 2009 to the Jung-gu Office of Daejeon with respect to the said new construction project, and the Defendant, from October 2008, performed the instant new construction project by granting a subcontract to a sewage supplier including the Plaintiff for each type of work. (B) On October 2, 2008, the Plaintiff entered into the instant subcontract and the Plaintiff’s execution of the instant construction project (the Plaintiff’s execution of the instant new construction project) with the Defendant as follows.