1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

1. Facts of recognition;

A. On June 8, 2012, the Defendant and AV (hereinafter collectively referred to as “the Defendant’s side”) entered into a contract for construction work (hereinafter referred to as “instant contract”) with the Defendant setting the construction cost of KRW 495,280,00, and the construction period from June 8, 2012 to September 7, 2012 (hereinafter referred to as “instant contract”).

(2) Around June 18, 2012, D subcontracted to the Plaintiff each of KRW 96,640,00 for the construction cost of reinforced concrete construction of the 8 unit of the instant apartment house, and KRW 53,580,00 for the construction cost of the two unit of tenement house.

(hereinafter referred to as the “instant subcontracted project,” which combines the said reinforced concrete construction project and a fluort construction project, and each subcontract is combined with the said subcontract.

Around June 8, 2012, D began the instant subcontracted project. The Plaintiff commenced the instant subcontracted project on or around June 18, 2012, but the Defendant did not pay the agreed construction cost to D and the Plaintiff until September 26, 2012. On the same day, D and subcontracted were suspended on the same day.

(2) On September 26, 2012, at the time of the suspension of the instant construction and subcontracted construction, the high-speed ratio of the instant subcontracted construction was 82.9% and the high-speed ratio of the instant subcontracted construction was 90%.

(3) From the conclusion of the instant contract to September 26, 2012, the Defendant paid D totaling KRW 291,403,800 (including KRW 180,000,000 paid by the Defendant to D on September 26, 2012).

(4) The Plaintiff, from D and the Defendant’s conclusion of the instant subcontract, to September 14, 2012, as the construction cost of the instant subcontract from September 27, 200.