1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. (1) The Plaintiff is an individual entrepreneur operating I, who is a specialized company in Changho Construction, and the Defendant is a subcontractor who has been awarded a contract for Samsung Corporation (hereinafter “instant construction”) from the Incheon Metropolitan City Q Business Office, which is a company engaging in new construction, repair, construction, etc. of housing.

(2) D is an employee of the Defendant who was the head of the instant construction site, and H is a person who was awarded a subcontract for the title, glass construction, etc. among the instant construction works by the Defendant in the name of M or the KUF.

B. (1) On August 31, 2016, the Plaintiff: (a) received a request from D, a site manager of the instant construction project, to request for the construction during the instant construction project (the actual title was called by G, a Plaintiff’s employee); and (b) made it to the effect that the Plaintiff did not receive a subcontract, D said that D is responsible for the Defendant and paid the construction cost.

(2) On September 9, 2016, the Plaintiff drafted a subcontract agreement on the creative construction of the instant construction project with H, and the main contents thereof are as follows.

(1) An ordering person: M (Representative L) (2) The name of a subcontracted project. (3) The construction period: November 15, 2016 after the commencement of works, on September 15, 2016.

C. (1) Although the original part of the instant construction project was scheduled for H, it was not possible for H to perform the instant construction project, the head of the site office of the instant construction project requested the Plaintiff to remove the glass project during the instant construction project on October 29, 2016, and H also requested that the Plaintiff comply with the instant construction project.

(2) The Plaintiff commenced a glass construction project on November 16, 2016 at the request of D and H, and completed the construction project on November 2016.

(3) On December 2016, the Plaintiff: (a) on December 2016, 201, the construction price for the portion of the Changho Construction Project during the instant construction project is KRW 118,00,000; and (b) the construction price for the portion of the Free Construction Project is KRW