1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant is co-defendant of the first instance court.

1. Basic facts

A. On March 2015, the Defendant: (a) removed the existing structure D and G owned by the Defendant; and (b) delegated construction of the penta building, on condition that the Defendant would pay KRW 3 million per month to E.

E, around that time, directly performed the removal of existing buildings, entered into a contract with SIMD Co., Ltd. on behalf of the Defendant, and carried out civil engineering works on behalf of the Defendant. On December 2015, 2015, on behalf of the Defendant, the amount of KRW 322,700,000 (excluding value-added tax) between the Defendant and C was determined as construction cost, and entered into a contract for the construction of a pent (hereinafter “instant construction”).

B. Around December 2015, the Plaintiff entered into a subcontract with H companies that received a re-subcontract for the instant construction works by C to carry out food gathering construction works, rain fraternity construction works, reinforced concrete building works, and wood materials construction works during the instant construction works. Around that time, the Plaintiff discontinued construction works for which KRW 30,000,000 was paid by H companies, and the Plaintiff was unable to receive payment from H companies, out of the construction cost to be paid by H companies.

C. On February 2016, E requested the resumption of construction with a power of attorney prepared by the Defendant E to the effect that “the Defendant entrusted E with the payment of the price for steel reinforced concrete construction during the instant construction,” and the Plaintiff failed to reach an agreement by requesting E to receive a certificate of personal seal impression in order to clarify whether the Defendant was delegated to E.

Then, on March 19, 2016, E entered into an agreement on behalf of the Defendant that the Plaintiff shall pay the Plaintiff the unpaid construction cost by April 25, 2016 (hereinafter “instant payment agreement”) on behalf of the Defendant by the payment angle (Evidence A) in the name of the Defendant containing the content thereof, and attached a certificate of personal seal impression issued by the Defendant on March 7, 2016.