1. The part of the judgment of the court of first instance against the defendant shall be revoked.

The plaintiff's claim corresponding to the above cancellation part.

1. Basic facts

A. The Defendant: (a) received a subcontract for new construction works from Sungsan Integrated Construction Co., Ltd.; (b) on September 15, 2014, the Defendant concluded a subcontract for new construction works from Sungsan Integrated Construction Co., Ltd.; and (c) on September 15, 2014, the Defendant provided a sub-subcontract with the amount of KRW 390,000,000 for the construction cost of the steel-re-construction works during the said new construction works (excluding surtax); and (d) on September 15, 2014 through April 30, 2015 during the construction period.

B. On September 20, 2014, H issued re-subcontracts to the Plaintiff on September 20, 2014, with the construction cost of KRW 97,100,000, and the construction cost of the said subcontracted construction work as of September 22, 2014 to December 10, 2014.

C. Around October 2014, the Defendant expressed to the Plaintiff the intent to pay the construction cost directly to each subcontractor with respect to the instant construction work, and thereafter, when the Plaintiff submitted a construction cost statement, etc. to I who is the Defendant’s site manager at the time of the instant construction work, the Defendant directly paid the construction cost without going through H.

From October 27, 2014 to December 26, 2014, the Defendant paid KRW 51,242,150 in total to the Plaintiff’s account by means of directly remitting the amount of KRW 51,242,150 in total eight times from October 27, 2014 to December 26, 2014. The Defendant directly paid KRW 2,686,00 in cash on April 26, 2015 to the Plaintiff. In relation to the instant construction, the Defendant directly paid the Plaintiff wages, equipment costs, etc. to the constructor employed by the Plaintiff in relation to the instant construction. As above, the amount that the Defendant paid to the Plaintiff, etc. in connection with the instant construction is KRW 75,475,150 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 34, Eul's testimony and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is that the Defendant, who is a sub-subcontract, and the Defendant, and the Plaintiff, pay the instant construction cost.