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

1. Basic facts

A. The Defendant concluded a contract with Nonparty C, the owner of the building, on a packing work of 776.9 square meters of the D-type D-type D-type D-type 776.9 square meters, and on the ground reinforced concrete structure, three-story automobile-related facilities and neighborhood living facilities, religious facilities, and building work of 458.33 square meters

B. On May 16, 2013, the Plaintiff entered into a contract with the Defendant to accept a subcontract for the parking lot (hereinafter “instant construction”) at KRW 28,50,00,000 for the construction cost, with the first payment for the construction work, and the remainder shall be paid at 50% of the construction cost and within two months after the completion of the construction, and the construction period shall be August 31, 2013.

C. Although the Plaintiff completed the instant construction in accordance with the construction period, the Defendant paid only KRW 12,500,000 to the Plaintiff and did not pay the remainder KRW 16,00,000 to the Plaintiff.

On the other hand, as the construction work was delayed because the Defendant failed to pay the construction cost by C, the Defendant and C agreed to pay the construction cost directly to the Defendant’s sewage suppliers.

In addition, on April 1, 2014, the Plaintiff and the Defendant transferred the amount equivalent to the claims of each sewage subcontractor among the Defendant’s claim for the construction price against the Defendant C to the Plaintiff and the sewage subcontractor, but in spite of the assignment of the claims, the assignee entered into a contract for the acquisition of claims with the content that the claim for the construction price against the Defendant is not extinguished (Article 6).

E. On April 7, 2014, the Plaintiff filed a lawsuit against Suwon District Court No. 2014Gahap4845 against C seeking the payment of the said construction cost. On November 13, 2014, the said court rendered a ruling that C shall pay the Plaintiff KRW 16,00,000, and the said ruling became final and conclusive on December 2, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination on the cause of the claim.