1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. The following facts may be found either in dispute between the parties or in full view of the whole purport of the pleadings as stated in Gap evidence Nos. 1 through 9, 12, 14, 15, 16, 35, 38 (including each number; hereinafter the same shall apply).

On September 9, 2009, the Plaintiff entered into a subcontract (hereinafter referred to as the “subcontract 1”) with the Plaintiff, among the new construction works of C, by setting the construction cost of KRW 10,880,659,00 for two sections reinforced concrete construction works (hereinafter referred to as the “instant reinforced concrete construction works”) from September 1, 2009 to April 30, 2012. ② The construction cost of the two sections safety facilities construction works (hereinafter referred to as the “construction works of this case, and each of the instant construction works on which the instant reinforced concrete construction works are turned on together), as the construction cost of KRW 686,00,000 for the construction period, from September 1, 2009 to April 30, 2012. The Defendant, each of the representative directors of the non-party company, as the Plaintiff, shall bear the obligation of the Plaintiff under the subcontract 2 against the Plaintiff’s joint and several sureties 1 and the Defendant, as the representative director of the non-party company.

B. Of the terms and conditions of the construction subcontract (main sentence) attached to the first and second subcontract agreements of this case and the general terms and conditions, the termination of the contract and the termination are as follows.

Article 25 (Cancellation and Termination of Contract) (1) In any of the following cases, the plaintiff or the non-party company may cancel or terminate all or part of the contract concerned, if the contract is not implemented within the said period after giving a written peremptory notice to the effect of a vow within the specified period (day or month):

1. When the plaintiff or the non-party company is deemed unable to achieve the purpose of the contract in violation of the terms of the contract;

2. When it is clearly recognized that construction cannot be completed in the air due to reasons attributable to the non-party company, such as dishonor and bankruptcy.