1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Facts of recognition;

A. On August 14, 2012, the Plaintiff: (a) provided a contract to B, who operates a construction business under the name of “C” (hereinafter “C”); and (b) paid KRW 80,000,000,000 to B for the construction cost of the construction work for the city-type residential housing and neighborhood living facilities and multi-household housing construction project (hereinafter “instant new construction project”); and (c) on the same day, the Plaintiff paid KRW 80,000,000 to B as the down payment.

B. B introduced that the Defendant (formerly: Han Un General Construction Co., Ltd.) perform the instant construction works, excluding household appliances installation, gas pipeline installation, electricity, telecommunications, and fire fighting construction among the said new construction works (hereinafter “instant construction works”). On August 21, 2012, the Plaintiff entered into a contract with the Defendant for the instant construction works with the amount of KRW 58,50,000 (tax exemption).

On August 23, 2012, the Defendant filed a report on the commencement of the instant construction works with the Gunpo City Mayor.

C. On August 2012, the Plaintiff drafted a contract for construction works with the Defendant and the instant construction works with construction cost of KRW 373,50,000 (tax exemption) (including value-added tax) respectively. D. The Plaintiff drafted a contract for construction works with the construction cost of KRW 177,650,000 (including value-added tax).

On September 4, 2012 and September 28, 2012, the Plaintiff paid KRW 80,000,000 to B, and the Plaintiff paid KRW 70,000 among them to the Defendant.

Since then, the Plaintiff paid KRW 215,00,000 to the Defendant on October 16, 2012, KRW 15,000,000, KRW 15,000 on November 22, 2012, KRW 50,000 on November 27, 2012, and KRW 50,000 on November 28, 2012.

E. A neighboring residents in the construction site of this case filed an application for provisional injunction against construction works on the ground of infringement of the right of sunshine, and the Plaintiff agreed to change the building building of this case from the 6th to the 5th floor on March 2013 to the Defendant and the construction cost of KRW 528,70,000 (excluding value-added tax 1,970,000).

F. The Plaintiff: (a) KRW 3,000,000 on March 6, 2013; (b) KRW 50,000,000 on March 7, 2013; and (c) KRW 50,000,00 on March 12, 2013; (b) KRW 15,460,00 on March 27, 2013; and (c) KRW 16,740,00 on March 29, 2013; and (d) KRW 16,740,000 on March 29, 2013;