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.

Basic Facts

A. On December 12, 2012, the Defendant entered into a contract with the Ulsan Construction Co., Ltd. (hereinafter “Suld Construction”) for the construction of “B facilities” (hereinafter “instant construction”) with regard to the total construction amount of KRW 12.93 billion and the total construction period from December 12, 2012 to December 15, 2013 (hereinafter “instant contract for the construction”).

Since then, a modified contract was concluded to extend the above construction period on several occasions.

B. On December 17, 2012, Ulsan Construction commenced the instant construction work, and on December 12, 2013 and April 1, 2014, it concluded a subcontract agreement (hereinafter “instant subcontract agreement”) with respect to the appeal, white age/Do construction completion and remainder of construction during the instant construction work to Korea Coast integrated Construction Co., Ltd. (hereinafter “Korea Coast integrated Construction”) on a total amount of KRW 4,253,040,000 (hereinafter “instant subcontract”).

C. The Plaintiff is KRW 1.50,000 per day, KRW 1.70,00 per day, and KRW 1.70,000 per day, which entered into a labor contract for the comprehensive construction of Han gran and the construction of the instant construction site and for the provision of labor for each assistance and the unsatisf in the instant construction site. From September 1, 2014 to September 30, 2014, the Plaintiff provided labor. The amount of the Plaintiff’s daily wage generated during the said period minus the neighboring tax, four insurance premium, resident tax, etc. is KRW 1,032,790, KRW 31,167,720.

On October 22, 2014, rehabilitation procedures began with respect to Ulsan Construction, and the instant construction was suspended thereafter.

E. On December 11, 2014, the custodian of Ulsan Construction, upon obtaining permission from the rehabilitation court, notified the Defendant that “the instant contract is terminated, which is an executory bilateral contract pursuant to Article 119(1) of the Debtor Rehabilitation and Bankruptcy Act.”

(f) On December 18, 2014, for the integrated construction at sight, the Defendant on August 8, 2014; and

9. Requests for a direct payment of KRW 400 million for progress payment, and on the same day, transfer the right to demand direct payment to creditors, including the plaintiff and C, to the creditors, including the plaintiff and C, on December 22, 2014.