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

1. Basic facts

A. The Man General Construction Co., Ltd. (hereinafter “Man General Construction”) contracted a new construction of D apartment (hereinafter “instant apartment”) on the land outside C and eight parcels of Kim Jong-si, Kim Jong-si, and entered into a subcontract with the Defendant and the construction amount of KRW 2,407,00,000 and the construction period from March 2004 to August 2, 2004 with respect to the structural construction (hereinafter “the instant structural construction”).

B. Around March 15, 2004, the Defendant entered into a sub-subcontract between March 15, 2004 and August 2004 with the construction amount of KRW 805,10,000 and the construction period of KRW 805,10,00 with respect to the molding construction among the instant framework construction.

C. Around July 31, 2004, the Defendant discontinued the instant framework construction on the ground that the payment for the completion of marina Construction was unpaid, and the Plaintiff continued to perform the relevant framework construction, the Defendant sent to the Plaintiff on August 7, 2004 and August 20, 2004, a certificate of the purport that, as long as the Defendant’s failure to execute the instant framework construction contract was extinguished due to the Defendant’s failure to perform the instant framework construction contract, the re-subcontract for the mold construction among the instant framework construction works was arbitrarily performed by the Plaintiff and the Defendant, and that the Defendant would not bear any expenses, such as personnel expenses, material costs, and expenses.

Since then, around August 31, 2004, the Plaintiff received a payment memorandum from Mon General Construction to receive the construction cost for Mons Corporation, among the instant Cons Corporation, and continued to proceed with Mons Corporation.

E. On October 23, 2004, Young River Co., Ltd., with the Defendant’s consent, sent to the Plaintiff a certificate of content that demanded the Plaintiff to re-subcontract into the mold construction and perform construction works. However, the Plaintiff did not comply with this.

F. Meanwhile, from July 13, 2004 to April 22, 2005, the Plaintiff is against the molding construction among the structural works of this case from Muman Construction to Muman Construction.