1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. 1) The Defendant concluded each of the instant construction contracts on September 23, 2013 (hereinafter “B”).

Busan Shipping Daegu C and D New Hotel Construction Corporation (hereinafter referred to as the “instant hotel Corporation”)

(2) On September 23, 2013, the Defendant ordered the construction cost of KRW 1,320,000 (including value-added tax) and the construction period from September 24, 2013 to June 30, 2014. (2) On September 23, 2013, the Defendant signed a contract with B for the construction of a main complex in C (hereinafter “instant main complex construction”) with the construction cost of KRW 1,320,00,000 (including value-added tax) and the period of construction from September 24, 2013 to June 30, 2014.

B. On October 30, 2013, B entered into a subcontract agreement. B, among the main complex projects in the instant case, is a Sungwon Corporation (titled Co., Ltd. before the modification; hereinafter referred to as “ Sungwon Corporation”).

(2) From October 30, 2013 to July 30, 2014, the period of construction of KRW 114,840,00 and the period of construction of the instant construction work was subcontracted to the principal enterprise with the construction cost of KRW 94,930,00, and the construction period from October 30, 2013 to July 30, 2014; 2) B subcontracted the instant construction period of telecommunications equipment and facilities among the instant principal complex construction work to the principal enterprise with the construction cost of KRW 120,010,000, and the construction period of KRW 30,000 from October 30, 2013 to July 30, 2014; and the subcontracted construction period of KRW 120,00,000 from October 30, 2013 to KRW 30,000 from July 30, 2014 to KRW 30,010.

C. As to the completion of the instant hotel construction, B completed the instant hotel construction around October 2014, and the Defendant obtained approval for the use of E hotel on October 22, 2014.

The plaintiff's seizure and collection of the plaintiff's construction price claim shall be the Busan District Court's Dong Branch of the Busan District Court 2015dan216132.