1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 11,350,000 as well as to the plaintiff on January 2013.

1. Basic facts

A. 1) The Defendant entered into a subcontract between the Defendant and B Company B on February 17, 2012 (hereinafter “B”).

)에게, 피고가 시공하는 안동세영리첼2차아파트 신축공사 중 형틀목공, 철근가공 및 조립, 콘크리트 타설공사(이하 ‘이 사건 공사’라 한다

(1) From February 17, 2012 to December 31, 2012, the construction period of construction was set at KRW 1,820,000,000 (hereinafter “instant subcontract”).

(2) On February 17, 2012, B: (a) the Defendant prepared and delivered a “written non-performance of subcontract payment” (Evidence B; hereinafter referred to as the “instant direct payment agreement”) stating that “B is in arrears with the wages of a field worker due to the instant construction work, the Defendant would not raise a civil or criminal objection even if he/she directly pays the wages to the labor worker at the instant construction site within the scope of the amount of the completed payment.”

B. B (1) On March 17, 2012, B failed to properly perform the construction work due to financial difficulties, etc. after March 17, 2012, and the Defendant sent a content-certified mail demanding B to resume the construction work from March 21, 2012 to April 2, 2012; B (2) on April 111, 2012, prepared and delivered a written statement to the Defendant that “B shall waive the construction work of this case as of April 10, 2012; and (3) calculated the ratio of the fixed amount with the Defendant to calculate the settlement of the construction work of this case as KRW 86,90,000.

(hereinafter referred to as “instant settlement agreement”). C.

A’s provisional attachment, seizure, and collection order 1) A’s delivery of construction materials, etc. to B, but the price was not paid. On April 17, 2012, the Daegu District Court 2012Kadan3297, which made the claim amount as KRW 90,000,000 against the Defendant B’s provisional attachment order on the instant claim for construction payment against B (hereinafter “instant provisional attachment order”).

Upon receipt of the foregoing provisional attachment order, A was served on April 18, 2012 on the Defendant. 2) On April 2012, 2012.