1. Of the judgment of the first instance, the part against the Defendant (including the Counterclaim Plaintiff) regarding the principal lawsuit is revoked, and that part is revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 5, 2012, Defendant A was awarded a contract with Company C, etc. (hereinafter “original Company”) for construction works to build solar power plants in Gyeongnam-gun E. On February 2014, Defendant A entered into a contract with D Co., Ltd. (hereinafter “D”) to subcontract the foregoing construction works to D Co., Ltd. (hereinafter “D”), and KRW 100 million as the subcontract price, around July 1, 2014, and the same year.

8. Around 18.10,000 won were paid respectively.

B. However, due to the shortage of funds of the original office companies, the said construction was suspended, the original office terminated the contract with Defendant A, and around October 1, 2014, ordered the Plaintiff to manufacture and install the solar power plant facilities.

C. On September 25, 2014, the Plaintiff lent KRW 100 million to Defendant A on November 24, 2014, setting the repayment date, and Defendant B jointly and severally guaranteed Defendant A’s above loan obligations.

On the other hand, on October 27, 2014, Defendant A entered into a technical service agreement (hereinafter “instant technical service agreement”) with the Plaintiff-related company, with which the Defendant would deal with the foregoing issues, such as modification of civil engineering design, graveyard relocation, etc. related to solar power plant construction, and receive the payment of KRW 261,50,000 (20,000,000 and the balance of KRW 61,50,000). In fact, Defendant A entered into the said technical service agreement with the Plaintiff, which was newly contracted for the construction of the said solar power plant, to settle the part executed by Defendant A during the said construction.

E. In addition, on January 22, 2015, the date of the contract under the contract appears to have been prior to the date of the actual contract.

The contract amount of KRW 1,067,00,000 [the payment of KRW 930,000,000 according to the process (Plaintiffs 770,000,000), Defendant A160,000,000 according to the process, as well as the payment of KRW 1,067,00,00,00 which are similar to the above subcontract which was entered into with Defendant A.