1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Basic Facts

Around March 30, 2015, the Defendant concluded a contract with D Co., Ltd. (hereinafter “Nonindicted Company”) for C (hereinafter “instant expansion”) as of December 19, 2016, setting the construction cost of KRW 803,319,00 (including value-added tax) and the date of completion as of December 19, 2016.

On July 1, 2016, the Plaintiff received a subcontract for reinforced concrete construction works (hereinafter “instant construction works”) from Nonparty Company during the instant expansion works by setting the construction cost of KRW 502,330,00 (including value-added tax) and the construction period from July 1, 2016 to December 19, 2016.

On July 2016, the Defendant entered into a direct payment agreement between the Plaintiff and the Nonparty on the subcontract price (hereinafter “instant direct payment agreement”) with the content that the Defendant would directly pay the subcontract price to the Plaintiff pursuant to Article 35 of the Framework Act on the Construction Industry or Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

① On April 29, 2015, the Defendant paid to Nonparty Company KRW 250,00,000 as advance payment of the instant expansion work, and ② from April 22, 2016 to the same year.

7. From August 17, 2016 to November 4, 2016, the non-party company paid KRW 121,286,440 as labor cost to the non-party company, and KRW 93,806,460 as labor cost to the Plaintiff from August 17, 2016 to November 4, 2016 respectively.

On November 18, 2016, the Plaintiff, the Defendant, and the Nonparty Company agreed that the completion amount of the instant expansion project would be KRW 565,232,000 (=the completion amount of the instant construction project - KRW 580,612,00) around December 2016, the Plaintiff, the Defendant, and the Nonparty Company would be KRW 565,232,00,00 (the amount of the instant construction project completed - the contract settlement reduction of KRW 15,380,00).

Plaintiff

Around December 2016, Nonparty Company filed a claim for the amount of KRW 201,135,540 and KRW 149,003,560, respectively (Evidence 6), and the Defendant paid KRW 100,139,100 to the Plaintiff on February 9, 2017.

E. Meanwhile, on the other hand, the Plaintiff’s claim amounting to KRW 2,00,494,400 on July 29, 2016 is KRW 2,00,494,400, and on the claim amounting to KRW 500,000 against the Defendant of the Defendant of the Defendant of the instant extended construction project.