1. The part against Defendant B among the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant B is dismissed.

3...

1. Basic facts

A. Defendant A Limited Partnership Company (hereinafter “Defendant Company”) received a contract for construction works from C (hereinafter “instant construction works”) and entered into a contract for construction works with the content that the said construction works were contracted during a period from May 26, 2016 to July 9, 2016. On June 13, 2016, Defendant A Limited Partnership (hereinafter “Defendant A Company”) entered into a contract for construction works with the content that the construction amount would be changed to KRW 111,209,087, depending on the changes in the volume of design of the floor and the wall.

B. On June 14, 2016, the Plaintiff concluded a construction agreement (hereinafter “instant construction agreement”) with the Defendant on the terms and conditions that the instant construction works were contracted by setting the period from June 14, 2016 to July 9, 2016 as the contract price of KRW 32,427,00 (including surtax).

C. The instant construction was completed on July 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 4, and 23, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the Defendant Company did not pay the Plaintiff the construction cost of KRW 4,565,00,000, out of KRW 32,427,000 under the instant construction contract. As such, the Defendant Company is obligated to pay the Plaintiff the said construction cost and damages for delay, and the Defendant B is jointly and severally liable to pay the Defendant Company’s above obligations pursuant to Articles 269 and 212(1) of the Commercial Act as the general

B. According to the above facts, Defendant Company is obligated to pay the construction cost under the instant construction contract to the Plaintiff, barring special circumstances, barring any special circumstance, the Defendant Company is obligated to pay the remainder of 4,565,000 won, excluding the amount paid to the Plaintiff by the Plaintiff. 2) Accordingly, Defendant Company is obligated to pay the entire construction cost of the instant construction project on May 14, 2016 after receiving the bid price for the instant construction project.