1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

1. Basic facts

A. On February 24, 2014, Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd”) awarded a contract for the construction of officetels on the land outside Echeon-si and two parcels of land from Echeon-si Co., Ltd. (hereinafter “Echeon-si”) and subcontracted to the Plaintiff Co., Ltd. for construction cost of KRW 627,00,000,00.

B. Around March 14, 2014, Defendant Company decided to increase the construction cost of the instant construction in KRW 715,000,000 due to additional construction works with the Plaintiff Company.

C. The Defendant Company paid the Plaintiff Company KRW 390,000,000 as the construction price.

[Reasons for Recognition] Unsatisfy, Eul evidence 4-1 and 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff Company did not receive KRW 20,000,000, out of the construction price paid by the Defendant Company.

Defendant Company is an individual company operated by Defendant B only in the appearance of the corporation.

Defendant B embezzled the construction cost received from Echeon Transportation.

Therefore, the defendants are jointly and severally liable to pay the unpaid construction cost.

B. The Plaintiff Company asserted that the Defendant Company was paid the unpaid construction cost by the Defendant Company as the principal contractor.

Therefore, the defendant company did not pay the construction cost to the plaintiff company.

In addition, Defendant B has no legal obligation to pay the construction cost jointly with the Defendant Company.

Even if there are construction costs payable by the Defendant Company to the Plaintiff Company,

Even if the defendant company supplied the plaintiff company with materials equivalent to 6,512,000 won, it has a claim for self-payment.

The defendant company shall set off the claim for the above-mentioned payment against the claim for the construction price of this case by the automatic claim.

3. Determination

A. According to the overall purport of the statements and arguments in the evidence Nos. 2, 5, and 6, the Defendant Company.