1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Presumed factual basis

A. (1) The Defendant is the person placing a contract for the construction of “construction of treatment facilities of excreta and food waste in light of the luxity of light” (hereinafter “construction of treatment facilities of this case”) and among them, for the excreta treatment facilities “the instant excreta treatment facilities” and the food waste treatment facilities “the instant food waste treatment facilities” (hereinafter “the instant treatment facilities”).

(2) The Plaintiffs and Sungfriendly Construction Industry Co., Ltd. (hereinafter referred to as the “Sew Co., Ltd.”), and for convenience, the Plaintiffs and Sungfriendly Construction Industry together are the construction works of the instant treatment facilities construction.

(3) On March 21, 2005, the name was changed from the Franchi Co., Ltd. Co., Ltd. (the Defendant joining the Defendant; hereinafter referred to as the “Korea Container”) to the same as the corporation.

(hereinafter “Dongho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho,

(4) The East Engineering Co., Ltd. (hereinafter “Dong Engineering”), the Korea Comprehensive Technology Co., Ltd. (hereinafter “Korea Comprehensive Technology”), and the Korea Comprehensive Technology Co., Ltd. (hereinafter “Korea Comprehensive Technology”), together with the East Engineering and the Korea Comprehensive Technology, are supervisors of the instant treatment facilities construction.

B. A summary of the instant treatment facility construction is a project for treating excreta (300 tons/days) and food waste (100 tons/days) discharged from luminous-si by the Defendant by installing the instant treatment facility on a 20,278,000 square meters in total project cost from December 29, 2003 to August 20, 2005, and by installing the instant treatment facility on the 533,534-1 square meters in luminous-dong 533,534-1 square meters in luminous-dong, and the total floor area of 2,754.7 square meters in total.

C. (1) On October 27, 2003, the Defendant announced the announcement of the construction of the instant treatment facilities project through the Seoul Local Government Procurement Service, and participated in the tender by organizing a joint supply and demand organization.