1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. On December 26, 2012, the Defendant entered into a contract for the construction of the Yellow Sea General Construction Co., Ltd. (hereinafter “the construction of the Yellow Sea General Construction”), and the Defendant entered into a contract for the construction of the west General Construction Co., Ltd. (hereinafter “the construction of the instant case”).

(1) The contract was concluded between the Plaintiff and the Plaintiff on December 20, 2013 during the construction period of KRW 1,494,966,060, and the construction period of KRW 26,000 (hereinafter “instant construction contract”).

2) After that, the Defendant and the Yellow Sea Construction Co., Ltd. (hereinafter “instant modified construction cost”) paid the instant construction cost on July 8, 2013 and KRW 1,493,77,148.

(2) After the change of the construction cost, the construction cost of KRW 1,637,079,160 again on December 20, 2013 (hereinafter “final construction cost of the instant case”).

(2) In addition, the Defendant paid KRW 50,000,000, totaling KRW 150,000 on February 7, 2013 as advance payment, and KRW 500,00,000 on May 15, 2013 (hereinafter “instant advance payment”).

(3) “General Conditions for Construction Contract” (hereinafter “General Conditions”) that the Ministry of Strategy and Finance establishes as part of the Accounting Rules related to State Contracts and imposes upon the government-funded construction works ordered by the State, local governments, etc. to be attached to the contract for construction works

(1) If the other party to the contract falls under any of the following subparagraphs, the other party to the contract shall be deemed to have requested the subcontractor to pay the price referred to in Articles 39 and 40, with respect to the amount equivalent to the portion executed by the subcontractor out of the subcontract executed by the subcontractor under the relevant Acts and subordinate statutes, such as the Framework Act on the Construction Industry, if the other party to the contract falls under any of the following subparagraphs, the other party to the contract shall be deemed to have requested the subcontractor to pay it directly:

1.A judgment from which the subcontractor has received against the other party to the contract, which orders the payment of the subcontract price for the portion executed by him.