The judgment below

The part against the defendant shall be reversed, and that part of the case shall be remanded to Suwon District Court.

The plaintiff.

1. According to the reasoning of the lower judgment and the evidence duly admitted by the lower court, the following facts are revealed.

On August 31, 2012, the Plaintiff entered into a contract for the repair of building located in Pyeongtaek-si E (hereinafter “instant construction”) with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and paid KRW 80 million in advance to Nonparty Co., Ltd. (hereinafter “instant construction”). Moreover, the Plaintiff entered into a contract for retaining wall construction and a contract for partial roof framed construction.

B. While carrying out the instant construction, the non-party company carried out part of the roof rail construction and removed part of the buildings. On October 2012, the head of Pyeongtaek-si issued an order to suspend the construction and remove steel structures already installed on the ground that the said construction was an act of violating the Building Act. The non-party company discontinued the instant construction around that time.

C. On October 15, 2012, the Plaintiff notified Nonparty Company and D of the rescission of the instant construction contract, and filed a lawsuit against Nonparty Company and D on May 3, 2013 (hereinafter “relevant civil case”). The Seoul High Court (2013Na27949) rendered a judgment on September 5, 2014 that “the Nonparty Company shall pay to the Plaintiff KRW 14,244,500 and delay damages therefor,” and the said judgment became final and conclusive on December 30, 2014.

The judgment above presumed that the construction contract of this case was lawfully rescinded, and it stated that the non-party company should return to the plaintiff the remaining amount after deducting the expenses, etc. incurred by the non-party company from the advance payment received from the plaintiff.

On the other hand, on September 8, 2012, the Defendant concluded a construction subcontract with the Nonparty Company to accept a subcontract for 25 million won for steel works, such as the manufacture and installation of softs (hereinafter “instant subcontracted works”) during the instant construction works.

E. On September 8, 2012, the Defendant against the non-party company regarding the instant subcontracting contract.