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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2. This.
Reasons
1. Facts of recognition;
A. On May 8, 2015, the Defendant entered into a contract with C (hereinafter “C”) and Seodaemun-gu Seoul Metropolitan Government D Multi-household Construction Corporation (hereinafter “New Construction”) for construction cost of KRW 684,00,000, and construction period of construction as of June 18, 2015 to September 30, 2015.
B. On May 20, 2015, the Defendant obtained a facility loan of KRW 890,000,000 from the E Association (hereinafter “E Association”) and agreed that KRW 210,00,000 among them shall be used for the interchange of existing loans, and the remainder of the loans shall be paid directly by E Association to the Corporation upon request of the Defendant.
C. As C was unable to properly carry out the construction work, the Defendant entered into a contract with G Co., Ltd. (hereinafter “Nonindicted Company”) on behalf of F on July 14, 2015, under which the construction cost was KRW 680,000,000 for the instant new construction work, and the construction period was set as July 14, 2015 to November 15, 2015.
On the other hand, on October 15, 2015, the Defendant drafted again a construction contract statement stating the construction cost of KRW 360,000,000 among the contents of the said construction contract with the Nonparty Company and the construction period of KRW 360,00,00, and the construction period of the construction contract from October 15, 2015 to November 15, 2015.
E. On October 5, 2015, the non-party company subcontracted a considerable portion of the instant new construction project to H, and the Plaintiff was sub-subcontracted for the instant construction project from H to KRW 22,50,000 for construction cost and completed the construction work.
F. On May 20, 2015, E Union loans KRW 581,475,00 for initial funds, KRW 120,000,00 for initial funds on September 11, 2015, and KRW 90,000 for secondary initial funds on October 2, 2015, and KRW 70,000,000 for primary funds on November 13, 2015, and KRW 28,525,000 for initial funds on December 11, 2015, and thereafter pays KRW 170,60,000 for a subcontractor to a non-party company until May 28, 2015, and KRW 306,700 for a subcontract to a non-party company; and
G. The Defendant obtained approval for the use of a new building on April 5, 2016.
H. Nonparty Company is the Defendant on December 6, 2016 to the Plaintiff.