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

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. On April 15, 2011, Korea-Japan Construction Co., Ltd. (hereinafter “Korea-Japan Construction”) contracted construction of “facilities and equipment works during the period of construction” (hereinafter “instant construction”) on the static machinery and equipment (hereinafter “static machinery and equipment”) from the following to November 30, 201, with the period of construction fixed from April 15, 201 to November 30, 201.

(b) The instant construction contract from the following day:

On April 30, 2012, where the Korea-Japan Construction failed to perform the obligation to pay the subcontract consideration for the instant construction due to bankruptcy or commencement of rehabilitation procedures, etc., the Defendant entered into a guarantee agreement for payment of subcontract consideration (hereinafter “instant guarantee agreement”) with the other party (a guarantee creditor) within the scope of KRW 354,412,230, which is the date of commencement of guarantee period, from April 15, 201 to November 30, 2012, which is the date of execution of the contract, from April 30, 2011, which is the date of commencement of guarantee period, to determine the completion of construction for the Korea-Japan Construction in order to determine the completion of construction for the Korea-Japan Construction.

C. On November 23, 2012, Hanil Construction and static Machinery and Equipment agreed to amend the contract to extend the period of the instant construction by June 21, 2013.

The fixed machinery and equipment received in cash the amount as shown in the following table, claiming the construction cost from Korea Construction in connection with the instant construction work.

2011-11-11-30 20,587,689 201-12-12-20,587,689 0 201-12-20,587,689 2012-315,440,446 03 201-404-30 61,7630,767 2012-30630 61,76308-205-2079 208208-2079,763,0670 2012-318-318, 207, 208-207, 209-207, 209, 208-207, 204, 2012-27, 205-206-16, 207