1. Revocation of the first instance judgment.

2. The plaintiff's claim against the primary defendant and the conjunctive defendant.

1. Basic facts

A. The relationship between the parties 1) The primary Defendant is C&W Co., Ltd. (hereinafter “C&Wn”)

3) In the case of the construction of the instant apartment, the construction of the apartment house in the 1-1-1, Magsan-dong, Simsan-si (hereinafter “instant apartment building construction”).

A) A contracting officer. Preliminary Defendant was a company that took over all the obligations of C&C banks related to the construction of the instant apartment while absorbing C&C bank, and the Plaintiff was a company that purchased all the obligations of C&C banks related to the new construction of the instant apartment from C&C bank (hereinafter “instant subcontracted construction”). The Plaintiff was a company that purchased the instant apartment from C&C bank with the instant apartment construction construction

2) From November 7, 2006, C&W entered the rehabilitation procedure after the Daegu District Court 2009 Mahap29, and 30 of Jun. 11, 2009 when performing the new construction of the instant apartment from November 7, 2006, which entered the rehabilitation procedure. Around December 10, 2010, C&W completed the rehabilitation procedure by receiving the authorization for rehabilitation plan from the third party acquisition method and making a decision to terminate the rehabilitation procedure on April 29, 201.

On June 29, 2011, ENB Holdings Co., Ltd. merged C&W Co., Ltd. and changed the name of the preliminary defendant.

Therefore, it is not necessary to divide the C&W bank and the preliminary defendant into the preliminary defendant.(b)

1) On November 7, 2006, the primary defendant entered into the original contract and the subcontract of this case. The contract amount of the new apartment construction of this case to the preliminary defendant on November 7, 2006 shall be KRW 50,653,97,000 for the contract amount, and the construction period shall be from November 8, 2006 to July 31, 2009 for the construction period, and the liquidated damages shall not exceed KRW 1/1,00 for the construction amount per day (Provided, That the total amount shall not exceed KRW 3/100 for the contract amount).

b)the contract was made on the basis of a set contract (hereinafter referred to as the “instant contract”).

(2) On October 20, 2008, the conjunctive Defendant: (a) the contract amount of the subcontracted construction of this case to the Plaintiff on October 20, 2008; (b) KRW 2,081,738,375 (payment in cash within 60 days from the date of receipt of the object); and (c) the construction period on October 208.