1. Of the judgment of the court of first instance, the part regarding Defendant (Appointed Party, Counterclaim Plaintiff Co., Ltd.) B and Appointed D is as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff entered into a contract for the supply of ready-mixed to the Defendant (hereinafter “instant ready-mixed supply contract”), and the terms and conditions of the payment of the price in the ready-mixed contract prepared by the Plaintiff and the Defendant set forth as “the cash settlement from the underground first floor sludge to the end of the following month,” and the above contract as a joint and several surety for the payment of the ready-mixed price, are written by the joint Defendant C and D of the first instance trial as the joint and several surety.

B. According to the instant ready-mixed supply contract, the Plaintiff supplied ready-mixed at the construction site that the Defendant Company proceeds from January 12, 2015 to May 31, 2015, pursuant to the instant ready-mixed supply contract.

C. The Plaintiff refused to supply ready-mixed after May 31, 2015 on the ground that the maximum amount of outstanding amounts is KRW 150 million, and the amount of ready-mixed not paid by the Defendant as of May 31, 2015 was KRW 169,201,340.

Co-Defendant C of the first instance trial closed on December 31, 2015, and Defendant B discontinued on April 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 11, 12 (including additional number), Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant ready-mixed supply contract set the credit limit at KRW 150 million, but the outstanding amount exceeded KRW 150 million. As such, the Plaintiff did not supply the ready-mixed any longer from May 31, 2015, and the “under the first floor Slives theory” under the terms and conditions of payment in the instant ready-mixed supply contract was the due date determined as the due date of the occurrence of the uncertain fact, and thus, the Defendant is obligated to pay the amount of the ready-mixed to the Plaintiff.

B. Defendant B 1 did not set the credit limit in the instant ready-mixed supply contract, and the Plaintiff did not comply with the supply of ready-mixed until the slive of the first floor slives below the ground level.

Therefore, the plaintiff has a duty to compensate the defendant for the damages.