1. The cancellation of the part of the judgment of the court of first instance against the primary defendant B, and falls under the cancellation part; and

1. Facts of recognition;

A. On December 18, 2013, Defendant B (formerly: H: hereinafter “Defendant B”) entered into a contract with the primary Defendant C Co., Ltd. (formerly: E Co., Ltd.; hereinafter “Defendant C”) to enter into a contract with the primary Defendant C Co., Ltd. (formerly: E Co., Ltd.; hereinafter “Defendant C”) to assign the construction price for the new D apartment on the lands of 27.364 billion won (the subsequent construction price was increased to KRW 28.624 billion), and the due date for completion was determined on November 30, 2015. Accordingly, Defendant C took part of D Apartment Construction and received the construction payment from Defendant B several times from January 1, 2014 to December 2015.

B. While Defendant C’s progress of the new construction of D Apartment, the construction was suspended and the lien was exercised on February 1, 2016 due to the payment of the construction cost. On February 19, 2016, Defendant C and D Apartment Construction was terminated, and Defendant C paid the subcontract price directly to some subordinate companies of Defendant C, and Defendant C confirmed that Defendant C did not have any claim for the construction cost against Defendant C, and at the same time, Defendant C did not participate in the new construction of D Apartment and gave up the right as the contractor (hereinafter “instant agreement”), and certified by the notarial office.

C. In preparing the instant agreement on February 19, 2016, Defendant C prepared a written waiver of execution rights (No. 7) to the effect that “I waives all rights to lien and construction rights, and I confirm and execute our defaults in the Defendant B, as the financial standing of the party concerned has deteriorated, it is impossible to perform the new construction of a D apartment due to the aggravation of the financial standing of the party concerned.”

On the other hand, the Plaintiff, among the new construction works of D Apartment around the end of December, 2015, completed the tea drum prevention packing and the tea coloring construction work (hereinafter “instant construction work”), and was supplied on December 31, 2015.