1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. On September 15, 2014, the Defendant entered into a contract with C Co., Ltd. (hereinafter referred to as “C”), under which C entered into a contract (including A evidence No. 4; hereinafter referred to as “instant order contract”) with the Defendant on the title “E” (hereinafter collectively referred to as “the instant building”) on June 30, 2015, which was newly constructed by June 30, 2015 in the name of “E” (hereinafter referred to as “instant building construction”) on the part of the Defendant and the Defendant on the title “E” (hereinafter referred to as “F”).

In September 22, 2014, the Defendant entered into a contract with the Plaintiff on September 2, 2014 (hereinafter “instant subcontract”) with the effect that the Defendant completed the landscaping part of the instant building construction works by March 31, 2015 (hereinafter “instant subcontract”) and that the said subcontracted period will be extended by August 31, 2015 (including value-added tax) by 996,086,120 won. 60% of the price shall be paid in cash and the remainder shall be 40% of the price. Value-added tax shall be calculated on the basis of the material cost stated in the contract statement and determined at the time of completion and paid within 15 days after receipt from the owner (hereinafter “instant subcontract”).

B. On July 2015, the Plaintiff entered into an agreement with the Defendant and C to pay 60% of the subcontract price of this case directly to the Plaintiff in cash (Evidence A2; hereinafter referred to as the “instant three-party cash payment agreement”) between the Plaintiff and the Defendant and C (hereinafter referred to as the “instant three-party cash payment agreement”).

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