1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 30, 2009, the Defendant: (a) was a special purpose corporation (SPC) created by the investment of Co., Ltd. (hereinafter “E”); (b) was engaged in food waste recycling resources recycling business and facility construction business; and (c) entered into a concession agreement on new technology expansion business with Gwangju-si on December 30, 2009; and (d) was a company A (hereinafter “A”) engaged in technical services business.

Article 1 (Purpose) of the Joint Supply and Demand Agreement (Joint Implementation Method) provides for an agreement to jointly and jointly carry on a project by mobilization of financial management, technical personnel, and equipment and materials of E and A for the following construction works.

(hereinafter referred to as "members of a joint contractors") Article 3 (1) Members of a joint contractors shall be as follows:

1. E (representative F);

2. A (Representative G) (2) The representative of a joint contractors shall be E.

(3) The representative shall represent the joint contractors and third parties, and have the authority to manage the property, request for payment, etc. of joint contractors.

Article 6 (Liability for Performance of Contract to Project Owner) Members of a joint contractor shall be jointly and severally liable for the performance of contractual obligations to the project owner.

Article 7 (Liability of Members for Subcontract, etc.) (1) Members of a joint contractor may subcontract part of the joint contract work without obtaining the consent of the other members.

(2) Members of a joint contractors shall be jointly and severally liable for the subcontractors and the suppliers of materials in connection with the performance of contract.

Article 8 (Payment, etc. of Price) The payment, etc. for the joint contract shall be paid by each member of the joint contractor in the following accounts according to the amount claimed by each member of the joint contractor:

Provided, That the advance payment for construction works shall be paid en bloc by the representative of joint contractors.

1. E (representative of a joint contractor): Korean bank, account number H, and deposit note E;

2. A: Foreign Exchange Bank, Account Number I, Account Number A.