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

1. Basic facts

A. On November 22, 2004, the Plaintiff (formerly: the Plaintiff Company) was subcontracted to KRW 984,450,000 for the construction cost of the waterworks and the installation work of the pressure pumps, among the subdivision rearrangement work that the Defendant received from the Defendant around August 2003 from the East Sea Zone Land Adjustment Association (hereinafter “Association”).

(hereinafter referred to as the “instant subcontracted construction,” and the Plaintiff’s subcontracted construction work (hereinafter referred to as the “instant subcontracted construction”).

However, the Defendant did not receive the progress payment of the instant construction works from the partnership, and thereby, the contract for the instant construction works between the partnership and the Defendant and the Plaintiff was rescinded at the end of January 2005.

C. The Plaintiff filed a lawsuit against the Defendant for the claim for the payment of the price of the subcontracted project in the instant case (i.e., KRW 28,812,600 among the progress payments for the period of December 2004 (i.e., KRW 23,59,310 for the progress payment for the month of January 2005; hereinafter referred to as “transfer progress payment for the period of January 2004”); and (ii) did not receive the progress payment for the period of January 2005 (hereinafter referred to as “the progress payment for the instant case”); and (iii) filed a lawsuit against the Defendant for the claim for the payment of the price for the construction project in the Daegu District Court Branch of the Daegu District Court in February 2007, the amount adjusted with the Defendant on May 14, 2007, which was in the said lawsuit, shall be paid in preference to the previous progress payment as KRW 18,426,450,00.

On July 30, 2007, the Defendant paid 20,269,095 won to the Plaintiff as the progress payment (=18,426,450 value-added tax of KRW 1,842,645) to the Plaintiff. On the same day, the Plaintiff received the progress payment from the Defendant for the subcontracted construction up to December 2004, and on the same day, the Plaintiff received the progress payment for the subcontracted construction up to December 2004, and on January 2005, the settlement should be made in the amount to be settled at the time of subsequent settlement due to the lack of the settlement of gender between the Defendant and the partnership.