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

2. The plaintiff's claim corresponding to the above revocation part.

1. Facts of recognition;

A. On August 17, 201, the Defendant, who entered into a subcontract, was awarded a contract for the instant construction to the household construction (hereinafter “instant construction”) among the construction works for the construction of the two sections of the Namyang city B apartment (hereinafter “instant apartment”) from the Newanan Construction Co., Ltd. (hereinafter “Newan Construction”), and had no ability to directly carry out the instant construction work, but to directly carry out the instant construction work to the Axex Co., Ltd. (hereinafter “Ax”) on February 28, 201, after being awarded a contract for the construction works for the construction of the two sections of the new Section B apartment (hereinafter “instant apartment”). From February 28, 2012 to October 4, 2012, 201, the instant construction was subcontracted with the construction work price of KRW 1,140,000,000 and the construction period of KRW 3/100 per day (hereinafter “the instant subcontract”).

B. The New Bill Construction Co., Ltd. (1) 2. 0. 8: (1) around 25th day of each month; (2) around 0. 20,000 won per month; and (3) from 6th day of the following month to 11th day; and (4) KRW 885,50,000 in total; (2) the total sum of the progress payments for the 5th day of May 182, 2012; (3) KRW 182,60,600; (4) KRW 17. 0. 85% in total; (40. 20,00 won in total; and (5) KRW 20,000 in total; and (4) KRW 80,70,000 in electronic bills issued on June 7, 2012; and (4) KRW 75,700,000 in electronic bills issued on 7th day of the following month.

3 Scex shall do the instant construction on September 2012.