1. The judgment of the first instance, including the primary claim added at the trial, shall be modified as follows:

The plaintiff.

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the first instance (However, "Defendant D Co., Ltd." is different from "Co., Ltd. of the first instance court") and the same is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the main argument

A. The Plaintiff’s primary assertion is that the Plaintiff has a claim for the amount of KRW 75,052,500 by subrogation against the Co-Defendant D Co-Defendant D Co-Defendant D Co-Defendant D Co-Defendant D Co-Defendant D Co., Ltd. (hereinafter “D”) and damages for delay thereof. D Co-Defendant paid the instant construction cost of KRW 3.1 billion by the Defendant, and only KRW 1.59,000,000 out of the construction cost was paid by the Defendant. As such, the Plaintiff had a claim for the remainder of the construction cost of KRW 1.51 billion ( KRW 3.1 billion - KRW 1.599 billion) against the Defendant, and is insolvent.

Therefore, the plaintiff seeks payment of KRW 75,052,50 and damages for delay on behalf of the defendant in lieu of D.

B. In the first instance court, the Plaintiff claimed a payment of the subrogated payment of KRW 75,052,50 and damages for delay thereof against D in the first instance court, and the claim was fully accepted and confirmed, and there is no dispute between the parties as to the fact that D is insolvent.

Furthermore, with respect to whether D holds a claim for the remainder of construction works against the Defendant, the following circumstances, i.e., a statement of waiver of construction (Evidence B) that D gives up the remaining construction works to the Defendant around December 10, 2017 when D contracted the instant construction works from the Defendant and performed the said construction works, are presented to the Defendant on the following grounds: (a) the construction contract between D and the Defendant appears to have been rescinded without completing the construction works; and (b) the construction work contract between D and the Defendant is not completed.