1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Korea Exchange Enterprise Co., Ltd. (hereinafter “C Exchange Company”), the Defendant (30% of shares), the New Construction Co., Ltd. (10% of shares), and the Korea General Construction Co., Ltd. (10% of shares), jointly received the E Work ordered by the Korea Rail Network Authority, and the A Co., Ltd. (hereinafter “A”) entered into a subcontract agreement (26.4 billion won of the contract amount) with respect to the tunnel construction (hereinafter “instant construction”) among the said construction works from the said companies, including Samd Co., Ltd. on November 13, 2013.

B. On January 13, 2014, A applied for the commencement of rehabilitation proceedings as Seoul Rehabilitation Court 2014 Gohap9.

The Defendant, from January to May 2015, did not pay to A the amount of KRW 183,60,333 (i.e., total labor cost of KRW 612,001,110) for the tunnel C and D sections (i.e., total labor cost of KRW 612,00,110) and applied for commencement of rehabilitation proceedings on August 17, 2015 by the Seoul Rehabilitation Court 2015 Gohap1025, which was decided to commence rehabilitation proceedings on September 3, 2015. The Defendant was decided to authorize the rehabilitation plan on February 26, 2016, and the rehabilitation procedure was completed on October 12, 2017.

After then, the defendant taken over the lawsuit of this case.

(hereinafter referred to as the “Defendant”) without distinguishing between before and after the commencement of rehabilitation procedures and before and after the commencement of litigation.

Under the above 2015 hap10025 rehabilitation procedure, A’s custodian reported the labor cost of KRW 183,60,000 as rehabilitation claims not public-interest claims, and the Defendant’s custodian was the time of the above claims. According to the Defendant’s rehabilitation plan approved on February 26, 2016, according to the Defendant’s rehabilitation plan, “91% of the accrued principal and interest prior to commencement of the above rehabilitation claim shall be converted into investment, 9% shall be paid in cash, and 50% of the amount to be paid in cash shall be paid in cash to the first year (2016), and 50% of the remainder shall be paid in equal installments each year from the sixth year (2021) to the tenth year (2025) (2025).”

The rehabilitation claim is 105,909,700 won as of March 15, 2016, which is the effective date of issuance of new shares for conversion into investment according to the above rehabilitation plan, = conversion into investment.