1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On January 14, 2016, the Defendant concluded a contract (hereinafter “instant contract”) with C Co., Ltd. holding a comprehensive construction license (hereinafter “Nonindicted Co., Ltd.”) on the following terms: (a) with respect to the new construction work of apartment units with 1,155,00,000 won for construction cost; and (b) the completion date of the instant construction work on June 20, 2016 (hereinafter “instant construction work”).

B. The instant contract was signed by E on behalf of the non-party company.

According to the terms and conditions of the instant contract, the Defendant paid KRW 100 million within two days after the date of the instant contract, and KRW 100 million upon completion of the structural frame of the second floor, and supplied the subsidiary materials (after drilling) of KRW 100 million, which the Defendant entered the instant construction, to H Co., Ltd. (hereinafter “H”) whose representative is the Defendant, and the remainder of the construction cost was to be borne by the contractor (non-party company) until the sale and settlement of the instant apartment houses.

E also signed and sealed the contract document of this case as a joint guarantor.

C. The Defendant obtained approval for use on July 27, 2016 for 8 households from sunrise to sunrise, and for 8 households from sunrise, respectively, on August 18, 2016.

On January 26, 2017, Nonparty Company transferred KRW 121,00,000, out of the instant claim for construction cost, to the Plaintiff. On February 6, 2017, Nonparty Company notified the Defendant of the assignment of the said claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 8, 16, 25 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff received KRW 121,00,000 from the Nonparty Company’s claim for the construction payment of this case, and thus, the Plaintiff sought the payment of the said money and the damages for delay.

The defendant, not the non-party company, entered into the contract of this case with G or G and E, and further, paid all the construction cost of this case.