1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Facts of recognition

A. A Co., Ltd. (hereinafter “A”) was a company that engages in the business of manufacturing ships and structures, the business of processing ships, etc., and after being registered as the Defendant’s intra-company subcontractor in 2004, it received orders from the Defendant to carry out the business of installing pipes in F.

B. A reported to the Defendant the content and volume of work, the number of inputs and facilities every day with respect to the installation of pipelines in F, and settled the result after obtaining confirmation thereon from the Defendant.

C. A suspended the above construction work on July 18, 2016.

The defendant stated the amount of progress payment for July of 2016 as KRW 754,303,880, the amount of deduction for meals and equipment units, etc. as KRW 71,886,297, and the balance as KRW 682,417,583.

On the other hand, on July 29, 2016, the National Health Insurance Corporation seized a deposit account in the name of A and a deposit account in the name of A and a claim for the construction price against A for the defendant with regard to the amount in arrears of A 179,365,390.

Since then, on October 27, 2016, the National Health Insurance Corporation collected approximately KRW 114,625,030 from the G bank account of the National Health Insurance Corporation, and the actual amount of seizure on the claim for the payment of the construction price was KRW 64,740,360.

E. On September 2, 2016, the Defendant paid KRW 257,683,005 out of the construction price payable to A to D, a representative of workers of A.

F. On September 26, 2016, A was declared bankrupt by Busan District Court 2016Hahap1013, and the Plaintiff was appointed as A’s bankruptcy trustee on the same day.

G. On October 21, 2016, the Plaintiff asked the Defendant about the progress payment and the details of repayment to A.

Accordingly, on October 25, 2016, the Defendant sent to the Plaintiff a detailed statement of outsourcing expenses, etc. to the effect that “A had paid KRW 682,417,583 as at the time it ceased work on July 18, 2016, but the Defendant paid KRW 257,648,005 to the representative of workers in accordance with the three-party direct payment agreements, including the Defendant, A, and A., thereby having remaining KRW 424,769,578.”

[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.