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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
1. Basic facts
A. 1) The Plaintiff is a legal entity established for the purpose of manufacturing and installing steel products, and the Large Construction Co., Ltd. (hereinafter “large Construction Co., Ltd.”). The Plaintiff is a comprehensive construction company (hereinafter “large Construction”).
(2) On May 11, 201, the Plaintiff entered into a contract (including value-added tax, completed portion and payment once a month) with the Plaintiff to conclude a subcontract for fire-proof and crowdfunding installation works (hereinafter referred to as the “subcontract”) in the period of construction from May 11, 201 to July 31, 2012 (hereinafter referred to as the “instant subcontract works”) with the Plaintiff’s construction to determine the contract amount to KRW 267,00,000 (including value-added tax, and the contract amount to KRW 267,00,000) (hereinafter referred to as the “instant subcontract contract”).
B. On February 9, 2012, the Defendant entered into a guarantee agreement between the Plaintiff and the Defendant, on December 23, 2011, and the Plaintiff issued a guarantee payment for subcontract consideration under the instant subcontract agreement to the Plaintiff, upon receipt of the confirmation note that the accumulated amount of the Plaintiff’s accumulated amount of KRW 48,510,000 was received by December 29, 201, and that the accumulated amount of KRW 48,510,000 was received by December 29, 201, and then the Plaintiff issued the guarantee payment for subcontract consideration to the Plaintiff from December 24, 201 to July 31, 2012.
C. 1) Plaintiff’s claim for deposit, etc. submitted by the Plaintiff to Gay Construction on June 201, 50,820,000 won for the first time claim amount on the second time claim amount on December 201, 201, and 55,198,000 won for the second time claim amount on the third time claim amount on July 201, 201, and 163,490,000 won for the third time claim amount on the third time claim amount on July 2012, 200 for Gay Construction. 2)