1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff and the plaintiff constituting the revoked part.

1. Case summary and the presumed factual basis

A. The summary of the case is the case where the plaintiff, the contractor, filed a claim for the payment of KRW 168,601,351 for the new construction and the remainder of the construction due to the additional construction and the delay damages, claiming that the contract for the construction was terminated and suspended while the contract for the construction of the new construction and the additional construction were being executed by the defendant against the defendant, who is the contractor, the contractor, and the defendant, the contractor sought payment of KRW 149,561,885 for the subcontract price and the delay damages thereof from the defendant, the plaintiff, and the third party while the intervenor was performing the construction under the subcontract for the new construction of the building and the additional construction.

The judgment of the first instance rejected the Intervenor’s conjunctive claim against the Plaintiff, and the Plaintiff’s obligation to pay to the Intervenor is KRW 125 million, and the portion of KRW 125 million out of the claim for the remainder of construction work, including the Plaintiff’s additional construction cost, equivalent to the subcontract price, is extinguished by a direct payment agreement between the Plaintiff, the Defendant, and the Intervenor, and only some of the Plaintiff’s claim against the Defendant (125 million won and its delay damages) (43,601,351 won and its delay damages) and the Intervenor’s claim against the Defendant. The Defendant dismissed all of the remainder of the claim against the Defendant against the Plaintiff and the Intervenor, and the Defendant appealed against the losing part.

(B) The intervenor reduced the purport of the claim in this court.

【Evidence of Facts】 A, 2, 11, 18, B, 1, 2, 5, 9, 10, 11, sick, 2, 3, 6, appraiser.