1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. On September 15, 201, the Defendant entered into a contract for construction works with a company with a business entity with a business entity with a business entity with which the construction cost is KRW 5,225,00,000 for the business entity with a business entity with a business entity with a business entity with a business entity with a business entity with the business entity with the business entity with the business entity with a

On the same day, the Defendant entered into a contract with C on the terms and conditions that reinforced concrete and non-building works (hereinafter “instant construction works”) shall be subcontracted to C by fixing the construction cost of KRW 870,000,000 (excluding value-added tax) and the construction period from September 15, 2011 to March 31, 2012 (hereinafter “instant subcontract agreement”). According to the terms and conditions of the instant subcontract agreement, according to the special agreement, the Defendant shall bear all parts necessary for steel lines and miscellaneous materials, steel products (a pipe, steel pipeline, steel pipeline, steel pipeline, BT, clam, pin, etc.), and the temporary installation, and all parts necessary for non-intercing operations, all of which shall be borne by C, a subcontractor.

B. Around September 25, 2011, the Plaintiff operating D entered into a contract with C to lease temporary materials necessary for the instant construction from around that time to March 30, 2012 (hereinafter “instant temporary re-lease contract”) and leased temporary materials to C from September 26, 201.

C. As above, C discontinued the instant construction by leasing temporary materials from the Plaintiff, and discontinued the construction on or around June 23, 2012. From that time, the Defendant performed the remainder of the instant construction, and completed the instant construction on or around January 19, 2013.

【Ground for recognition】 The fact that there has been no dispute, Gap 2, 3 evidence, Eul 1 (including the number of branch numbers; hereinafter the same shall apply), the testimony of the witness C of the first instance trial, and the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff filed a claim based on subrogation by obligee: (a) KRW 43,102,920 in total (if the lease is deemed terminated on March 30, 2012) or KRW 109,255,231 in total (if the lease is deemed terminated on March 30, 2012) with respect to the instant temporary re-lease agreement based on obligee subrogation.