1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) (hereinafter “Plaintiff Co., Ltd.”)

(1) On January 14, 2014, the construction of the F building in Gangnam-gu and four lots of land (hereinafter “instant construction”) is the steel frame construction (hereinafter “instant construction”) from among the construction works of the F building in Gangnam-gu Seoul E and 4 lots of land.

B) The Defendant subcontracted the construction cost of KRW 3,292,300,000, and the construction period from December 16, 2013 to May 13, 2015 (hereinafter “instant subcontract”).

(2) On April 17, 2014 and June 20, 2014, the Defendant received from the Plaintiff Company KRW 550,000,000 out of the instant construction cost (hereinafter “instant KRW 550,000,000”).

B. During the process of the instant construction project, the Plaintiff Company paid KRW 50,00,00 to the Defendant on April 17, 2014 and June 20, 2014; KRW 533,060,000 on April 28, 2014; KRW 567,160,000 on June 30, 2014; KRW 440,000 on August 31, 2014; KRW 110,000,000 on October 31, 2014; and KRW 50,200,200,000 on June 20, 2014; and the Plaintiff Company received an application for commencing rehabilitation procedures on April 14, 2014 on the basis of the filing date of the instant application for commencing rehabilitation procedures (the date of the instant application for commencing rehabilitation procedures).

3) On December 16, 2014, Thai L&A notified, on the ground of the Plaintiff Company’s statutory management (application for commencement of rehabilitation procedures) to the effect that the instant construction was interrupted, and that the construction amount for the completed portion completed by the Defendant until October 31, 2014 is KRW 1,980,990,000. [Grounds for recognition] The fact that there is no dispute over the dispute, and that the evidence Nos. 1, 3 through 6 (including each number, unless the number is otherwise specified; hereinafter the same shall apply) is included.

written evidence Nos. 2 to 5 and 7, significant facts to this court, as a whole, and all pleadings.