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

The defendant.

1. Facts of recognition;

A. On August 31, 2012, the Plaintiff entered into a contract with Nonparty C Co., Ltd. (the representative D; hereinafter “Nonindicted Company”) for the repair of the building, such as Pyeongtaek-si, Fyang-ground housing, warehouse, etc. (hereinafter “instant construction”), and paid KRW 80 million in advance to Nonparty Co., Ltd.

After that, the plaintiff and the non-party company entered into a contract for retaining wall of KRW 6.5 million for construction costs and a contract for partial roof framed construction of KRW 3.5 million for construction costs.

B. The land described in the foregoing paragraph (a) is impossible to construct a building as a scenic green zone, and only the repair works for the existing building were permitted. However, as the non-party company performs and removes part of the roof file construction works for the above house, warehouse, etc., the Pyeongtaek-si head issued an order to suspend construction works and remove steel structures already installed on the ground that the repair works were conducted on October 2012 to the non-party company.

Accordingly, the non-party company suspended the construction, and due to this, no construction activities, including substantial repairs, have been possible.

C. On October 15, 2012, the Plaintiff sent a content-certified mail requesting the restoration of the original state to Nonparty Company and D, upon notifying the rescission of the instant construction contract, and the content-certified mail reached the Defendants around that time.

On May 3, 2013, the Plaintiff filed a lawsuit against the non-party company and D for the restoration of the building to its original state, etc. (hereinafter “related civil case”), and the Seoul High Court (2013Na27949) rendered a judgment on September 5, 2014 that “the non-party company shall pay to the Plaintiff KRW 14,244,50 and the delay damages therefor,” and the said judgment became final and conclusive on December 30, 2014.

The above judgment was based on the premise that the construction contract of this case was lawfully rescinded, and thus, the non-party company was paid out of the advance payment received from the plaintiff to its original state.