1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. In around 2009, scenic comprehensive construction company (hereinafter “non-party company”) entered into a contract with Co-Defendant C of the first instance trial stating that “The non-party company is awarded a contract with C for the construction of multi-household house on the D-based multi-household house (hereinafter “multi-household house construction in this case”) at KRW 750,000,000, and the construction cost shall be subject to the payment in kind by three households (102, 302, and 401) among the above multi-household house,” and the Defendant jointly and severally guaranteed the debt owed to the non-party company C under the above contract.

B. On October 2010, Nonparty Company entered into a contract with the Defendant that “The construction of the instant neighborhood living facilities from the Defendant in Gwangju City E-si (hereinafter “instant neighborhood living facilities,” and that “the instant construction works, including the instant multi-household housing construction and the instant neighborhood living facilities, are awarded a contract for construction cost of KRW 500,000,000, and the construction cost shall be subject to the accord and satisfaction of two households among the instant multi-households.”

C. Around October 28, 2010, Nonparty Company commenced the instant multi-household housing construction; around November 1, 2010, each of the instant construction works was suspended around 2011, while performing the structural construction by starting the instant neighborhood living facilities.

Then, on January 27, 201, the non-party company decided to have four households (Nos. 201, 301, 401, and 402) among the eight households of the instant multi-household housing as a substitute for the construction cost of the instant multi-household housing and the instant neighborhood living facilities. <2> In addition, if the defendant pays to the non-party company the construction cost of the instant multi-household housing and the instant neighborhood living facilities within the prompt time, the non-party company did not file a claim for the funds until the completion of each of the instant construction, and the non-party company would waive each of the instant construction before completion of the construction.