1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

2...

1. Facts of recognition;

A. On February 18, 2011, the Plaintiff contracted the Ulsan-gu F multi-family house construction (hereinafter “instant construction”) to E, and E subcontracted the structural construction of the instant construction to Defendant B (hereinafter “instant structural construction”). Defendant B subcontracted the instant structural construction to Defendant B and D on October 10, 2012.

B. Defendant B’s completion of the 2nd floor construction (hereinafter “the 3nd floor construction”) among the 4th floor in which he did not pay the construction cost. In order to resume the construction, the Plaintiff newly concluded a construction contract with Defendant B on November 25, 2012 for the remainder of the 3st floor and the 4th floor construction with the construction cost at KRW 26 million.

On December 30, 2012, the Plaintiff prepared a performance note (Evidence A1; hereinafter “instant performance note”) with Defendant B as follows, while paying the construction cost for the completed portion in lieu of Defendant B, and Defendant C and D jointly and severally guaranteed Defendant B’s obligations under the instant performance note.

The execution note of this case shall be dismissed.

1. Defendant B did not pay the construction cost, and it received KRW 18 million from the Plaintiff, the actual contractor for the construction work, on behalf of the Plaintiff, who is the actual contractor for the construction work.

1. In lieu of receiving the payment of the construction cost from the Plaintiff, Defendant B urged and urged the payment of the construction cost which has not been received during the said period to be returned to the Plaintiff by December 30, 2013, and promised not to raise any objection even if the Plaintiff filed a civil or criminal lawsuit against the Defendant B, if the Plaintiff failed to comply with the demand.

1. In a case where Defendant B did not return the construction price that it received from Defendant B or agreed without the Plaintiff’s consent, the Plaintiff shall be a citizen against Defendant B.