1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. 1) On September 22, 2006, the Plaintiff entered into a subcontract construction contract between the Plaintiff and the Defendant, etc., and the Defendant as C Housing Site Creation Project (hereinafter “instant construction project”).

B) The construction period from September 22, 2006 to April 13, 2009; the contract amount was 13,365,000,000 won (including value-added tax; and thereafter, the contract amount was changed to 11,52,824,138 won on July 6, 2007.

(3) As to the construction contract of this case, the period of warranty shall be one month; 5% of the contract amount; and the period of warranty for defects shall be 120 months from the completion date of completion inspection; and the subcontract contract of this case shall be construed as the “construction contract of this case.”

2) Of the general terms and conditions of the instant construction contract (Evidence A 3, hereinafter “instant general terms and conditions”) incorporated into the instant construction contract, the main contents of the instant general terms and conditions are as follows.

Article 3 (Deposit for Contract) ① (1) of the General Terms and Conditions of the Construction Contract (referring to the Plaintiff) shall, except as otherwise provided, pay or submit to Party A (referring to the Defendant) in cash (including a postal service office or a cashier’s check issued by a bank) or by means of a guarantee or security listed in the following:

1. A letter of guarantee or securities issued by the E-Mutual Aid Association, the F-Mutual Aid Association, the G Mutual Aid Association, the H Mutual Aid Association, the I-Mutual Aid Association, the Guarantee Insurance Company, the Credit Guarantee Fund, or any equivalent guarantee organization, the insured of which is a special contract for fixed

2. Financial institution payment guarantee;

3. Where Party A recognizes it as applicable, Article 24 (Deposit for Repair of Defects) (1) B shall pay Party A, in cash or by cash, the amount calculated by multiplying the contract amount by the defect repair deposit rate as set out in the contract (hereinafter referred to as “liability bond”) in order to guarantee the defect repair of construction works, until the price for the construction works is paid after the completion inspection.