1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Facts of recognition;

A. On April 2010, the Military Service Corporation entered into an agreement with the Ministry of National Defense on the enforcement of “A” as ordered by the Ministry of National Defense, and on May 18, 2010, contracted the construction of the above military installations to the Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction”), the promotion enterprise Co., Ltd., and the joint supply and demand organization consisting of Samung interests.

B. The representative of the above joint contractor was designated as the Dongyang Construction, and the Dongyang Construction subcontracted to the Defendant the construction of reinforced concrete in the Chuncheon area (hereinafter “instant construction”) during the construction of the above military installations.

C. On November 10, 2010, the Defendant entered into an agreement with B Co., Ltd. (Representative C; hereinafter “B”) to perform the entire construction works of the instant case with “B”.

(B) The Defendant was unable to receive a re-subcontract due to the lack of a construction business license, and thus, the Defendant appears to have entered into a “liability execution agreement” as above in order to take the “type in which the Defendant directly performs the instant construction work.”

On November 2010, the Plaintiff, a company that manufactures, sells, etc. building materials, leased temporary materials used at the construction site of this case to Police Officers B, and issued a tax invoice to the Defendant for the aforementioned reasons, for the temporary materials rent incurred from November 201 to December 201, 201.

E. On the other hand, on January 31, 201, the Defendant paid KRW 3,810,917 to the Plaintiff on November 31, 201, and, on April 15, 2011, Yangyang Construction did not pay the subcontract price properly due to business deterioration, such as filing an application for commencement of rehabilitation proceedings (decision on commencement of rehabilitation proceedings on July 12, 201) on April 15, 201, the said temporary site rent was not paid until September 201, and the Plaintiff tried to recover the temporary site at the site of the instant construction by determining that it is difficult for the Plaintiff to receive the temporary site rent.

F. The Defendant is against the Plaintiff on September 8, 2011.