1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The court of the first instance shall make December 5, 2018.

1. Basic facts

A. The Plaintiff is a company that acquires the fourth floor above ground and the fourth floor above ground among the main complex shopping districts E of the 27th floor above the ground located in Busan Jin-gu, Busan, and F is a person who served as the representative director of the Plaintiff from May 1, 2007 to February 13, 2008.

The defendant is the representative director of G (hereinafter referred to as "non-party company") and H is the person who was the representative director of H (the trade name before and after the change is referred to as "J of the corporation"; hereinafter referred to as "I") of the corporation I.

B. On June 19, 2003, the Plaintiff purchased 676 houses unsold in lots, including the fourth floor above the land of E from K Co., Ltd., and completed the registration of ownership transfer at that time.

C. On February 23, 2005, the Plaintiff concluded a contract for the construction work of the non-party company and the non-party company for the construction work of the fourth floor (hereinafter “instant construction”) with the construction cost of KRW 3300,000,000, and the construction period of KRW 300,000 from February 2, 2005 to June 2005. At that time, the Plaintiff entered into a separate contract with the contractor M Co., Ltd. (hereinafter “M”) with the contractor’s name as KRW 368,50,000 for the instant construction work.

On September 6, 2005, with the name of the contractor M, the Plaintiff entered into an additional contract for the construction work with respect to the non-party company and the instant construction work, setting the construction cost of KRW 1,100,000,000 and the construction period from June 1, 2005 to October 20, 2005.

E. Around July 31, 2006, Nonparty Company completed the instant construction, and L was opened on September 28, 2006.

F. On August 22, 2006, the non-party company transferred KRW 2,000,000,000 among the claim for construction price against the plaintiff to M M and notified the plaintiff on August 31, 2006.

However, the subject of the collection of the construction cost is the non-party company, and M is subject to mutual agreement when it is judged that the non-party company has no ability to recover.