1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the revoked part is all revoked.

1. Basic facts

A. The Defendants entered into a subcontract agreement between the Defendants and D (B Co., Ltd. was commenced on May 8, 2013 as Seoul Central District Court 2013 Mahap85; hereinafter the same shall apply) and their managers are not required to be separated, among them, “Defendant B”; the Defendant Do Forest Co., Ltd. entered into a subcontract agreement with D Co., Ltd. (hereinafter “D”) on December 19, 2013 regarding the construction work for the development of the E housing site development project (hereinafter “Defendant Do Forest”) by being jointly awarded a contract with the Korea Land and Housing Corporation (hereinafter “project owner”) as to the construction work for the soil and bridge (hereinafter “instant construction work”) and the construction work cost of KRW 18,569,100,000 (including value-added tax; hereinafter the same shall apply) and the following subcontract agreement was amended to KRW 18,461,300,00 on February 18, 2014; hereinafter the same shall apply).

(hereinafter “instant construction contract”. “A” refers to the Defendants, “B”, and “B” respectively). Article 6 [Transfer of Rights and Obligations] of the General Conditions of the Subcontract (Article 6 [Transfer of Rights and Obligations] ① and “A” may not transfer or succeed to the rights and obligations arising from this contract to a third party.

Provided, That the same shall not apply where the written consent of the other party is obtained. Article 5 [Damages, etc.] of the Special Conditions for the Subcontract 1] of the General Conditions Article 24 of the General Conditions shall be imposed until the new subcontractor is selected even if the construction has been terminated or terminated during the construction period and

(2) Where a contract is terminated or terminated due to a violation or neglect of the obligations under Article 25 of the general conditions or this contract due to a cause attributable to B, the contract performance guarantee of B specified in Article 7 of the general conditions shall be reverted to A by penalty for breach of contract

(3) Where a contract is rescinded or terminated under paragraph (2), B shall be irrespective of paragraphs (1) and (2) of this Article.