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

1. Facts of recognition;

A. On January 31, 2013, Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) entered into a construction contract with the Defendant with respect to the Seoul Gangnam-gu Seoul, with respect to the construction cost of KRW 11.6 billion (including surtax) and the construction period from February 1, 2013 to August 31, 2013 (hereinafter “instant construction contract”).

B. Around September 2013, Nonparty Company completed the instant principal construction, and the Defendant directly paid KRW 11,385,015,796 out of the construction cost under the instant construction contract between February 6, 2013 and September 16, 2013 to Nonparty Company.

C. The Plaintiff entered into a construction contract with the Nonparty Company for the supply of and demand for part of the tin works to be included in the instant construction work (hereinafter “instant tin contract”), but was not paid part of the construction cost by the Nonparty Company. On January 21, 2014, the Plaintiff received a provisional attachment order against the Defendant of the Nonparty Company regarding KRW 173,68,00 among the claim for the construction cost under the instant contract for the instant construction work against the Defendant (Seoul Central District Court Decision 2014Kadan63, hereinafter “instant provisional attachment order”), and the original copy of the provisional attachment order was served on the Defendant on January 23, 2014.

The Plaintiff filed a lawsuit against Nonparty Company for the payment of the construction cost under the instant tin contract (Seoul Central District Court 2016Da59559), and the conciliation was concluded on October 12, 2016, which was in the first instance trial of the said lawsuit, to the effect that “the Nonparty Company shall pay the Plaintiff KRW 120 million by November 15, 2016, and pay damages for delay.”

(Seoul Central District Court 2016s.560922). e.

As the Plaintiff was not paid the construction price by the non-party company notwithstanding the above adjustment, the Plaintiff’s payment of the construction price was made on July 25, 2017, the above KRW 120 million, and the delay damages from November 16, 2016 to June 28, 2017.