1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 5, 2010, the Large Rate Industry Development Co., Ltd. (hereinafter “Large Ratio Industry”) was awarded a contract with the Defendant and the first instance trial co-defendant B for the construction of the gas filling station on the D ground in Suwon-si, Suwon-si (hereinafter “instant construction”). On March 25, 2010, the Plaintiff was awarded a subcontract from the Large Rate Industry covering the gas filling facilities during the instant construction (hereinafter “the instant construction”).

B. In addition, the Plaintiff received a subcontract for the rolling stock of the garage and the panel construction (hereinafter “instant garage construction”) from the Large Industry, and the construction cost was set at KRW 60,000,000.

C. Since then, the construction was conducted to increase the number and length of the columns of the instant Capital, and the construction was also conducted to make the Car Center in the said gas charging station. All of the above construction works (hereinafter “instant additional construction”) performed by the Plaintiff. The said construction was completed on May 10, 2010.

The plaintiff filed a suit against the large-rate industry for the claim for construction cost (the District Court 201Gahap471). The defendant participated in the suit on behalf of large-rate industry.

The Grand Rate Industry set up a defense in the above lawsuit that "the defendant exempted the plaintiff from liability to the large-rate industry on or around November 8, 2010," but the above court held on November 23, 2012 that it cannot be recognized that the plaintiff accepted an agreement on the assumption of obligation between the large-rate industry and the defendant on November 23, 2012, and that the debtor's assumption of obligation based on a contract with the debtor is effective as the creditor's consent.

(See Article 454(1) of the Civil Act). “The instant additional construction cost of KRW 60,000,000 for the instant garage construction cost of KRW 67,822,354” (see Article 454(1) of the Civil Act) and its related amount shall be 6% per annum from May 11, 2010 to November 23, 2012.