1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. A claim for payment of the deposit stated in the separate sheet shall be made.

1. Facts of recognition;

A. The Plaintiff and the first instance joint Defendant 1 Co., Ltd., Ltd. (hereinafter “Japan”) jointly ordered D Construction Co., Ltd. (hereinafter “Modern Construction”) (hereinafter “Modern Construction”), but upon the consent of modern construction, the Plaintiff independently performed the construction and completed it on August 201, 201.

B. However, as originally agreed upon, the construction cost of this case was paid directly by the Plaintiff from Hyundai Construction, and the remainder of KRW 45,583,500,00,000, as the Plaintiff received from Hyundai Construction, and the remainder of KRW 45,583,50,00,00, as the case may be, from Hyundai Construction, was paid from Hyundai Construction, including the cost of external stone construction among the construction works of the E-building, which was ordered from Hyundai Construction. The Plaintiff was paid as a sewage contractor for the Il Tan Construction Business.

C. Accordingly, the Plaintiff requested for the payment of 1/2 of the instant construction cost, but, instead, he did not pay it. On February 10, 2012, 2012, the Plaintiff prepared a statement of direct acceptance that “I shall pay the Plaintiff the progress payment of KRW 45,583,500 incurred from the outside tin construction site at the construction site of Hyundai E-building (construction Section 2) and issued it to the Plaintiff by directly paying the same amount in the modern construction (in relation to this amount, the obligee shall prove in the modern construction, due to the lawsuit filed by the obligee against the modern construction and the case of the lawsuit, the submission of evidentiary documents, etc. to prove in the modern construction).” As to the facts in violation of the said covenant, I provided the Plaintiff with a statement of direct acceptance that “I will bear all civil and criminal responsibilities.”

The Plaintiff requested Hyundai Construction to pay the subcontract price of KRW 45,583,500 directly while submitting a written consent to the direct payment. However, Hyundai Construction is the case.