1. The part concerning the claim for confirmation of existence of an obligation among the judgment of the court of first instance shall be revoked, and the lawsuit of this case concerning the revoked part shall be brought;

1. The plaintiff filed a lawsuit against the defendant for confirmation of the absence of the obligation for construction price and payment of damages as stated in the above purport of the lawsuit against the defendant.

The court of first instance rendered a judgment against the plaintiff regarding the plaintiff's partial winning of the claim for confirmation of non-existence of the contract price obligation, and the claim for damages.

The plaintiff filed an appeal with respect to the part against the plaintiff among the judgment of the court of first instance, but withdrawn an appeal with respect to the claim for damages as seen above.

(See Supreme Court Decision 2016Da241249 Decided January 12, 2017). Therefore, the scope of adjudication by this Court is limited to the part against which the Plaintiff lost among the claims for confirmation of the absence of the Plaintiff’s obligation for construction cost.

2. The following facts do not conflict between the parties, or can be found in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 7 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 1 to 3, and 6.

The Plaintiff (formerly known as the Plaintiff’s name: the Plaintiff was an autonomous management body composed of occupants for the management of the 727 generation and ancillary facilities located in Daegu-ro, Daegu-ro 489, the Gapo-ro (hereinafter “instant apartment complex”). The Defendant is a company that operated gas facility construction business, etc., and was awarded a contract from the Plaintiff as follows, and the Defendant’s Intervenor (hereinafter “Supplementary Intervenor”) was employed by the Defendant and worked at the construction site in the instant case.

A person ordering a contract for individual heating conversion works: The contract amount of the construction project from June 20, 2012 to September 20, 2012: 465,000,000 won for the first intermediate payment of KRW 139,50,000 for the second intermediate payment of KRW 93,500,000 for the second intermediate payment of KRW 139,50,000 for the late payment of KRW 139,50,500 for the late payment of KRW 139,50,000 for the late payment of KRW 139,50,000 for the late payment of KRW 139,50,00 for the late payment of KRW 139,50 for the late payment of KRW 130,00 for the delay: the contract amount per day.