The part against the plaintiff falling under the order of payment under the judgment of the first instance shall be revoked.

The defendant.

1. Facts of recognition;

A. A. Around February 24, 2017, the Defendant: (a) contracted the construction work for the construction work of the construction work of the Yeongdeungpo-gun D Factory (hereinafter “instant factory”); and (b) the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the Corporation of Young-gun (hereinafter “Non-Party Company”); and (c) around May 1, 2017, the Non-Party Company subcontracted the construction work of the soil and reinforced concrete (hereinafter “instant construction”) to the Plaintiff as KRW 77,00,000 (including value-added tax).

B. The Defendant failed to obtain a loan from the bank and failed to pay the construction price to the subcontractors of the non-party company and the non-party company. Accordingly, the new construction of the factory of this case was suspended from July 2017 to September 1.

C. During the instant construction period, Nonparty Company demanded the Plaintiff to perform additional construction works, such as installation of external retaining walls, water tanks, IMVs, and water distribution teams, etc. Around August 15, 2017, the Plaintiff and the construction period were extended to September 10, 2017, and the construction cost was increased to KRW 118,800,00 (including value-added tax) (hereinafter “instant modified contract”).

At this time, the defendant affixed a joint and several guarantee seal of the instant modified contract between the non-party company and the plaintiff, and affixed a seal on the order column of the direct payment agreement of subcontract consideration to the plaintiff directly pay the above subcontract consideration to the plaintiff.

On January 24, 2018, Nonparty Company completed the new construction of the instant factory.

E. On December 1, 2017, Nonparty Company paid the Plaintiff KRW 63,00,000,000, totaling of KRW 63,000,000 on March 9, 2018, and closed on April 30, 2019.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 5, 7 through 9, 12, Eul evidence Nos. 2 and 3 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings.