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1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts of the claim: ① the Plaintiff contracted several proposals including E Corporation (hereinafter “instant Corporation”) from the Defendant among the D Corporation in Pyeongtaek-gun D Corporation (hereinafter “instant Corporation”); ② the Plaintiff completed the instant construction before March 2017; and around that time, the Defendant had a claim for sewage of a cost of KRW 176 million; ③ However, the Defendant’s deposit was immediately withdrawn around March 20, 2017, and its total amount was over KRW 20 million, and its total amount was over KRW 40 million, and its financial status was over 10 million, and the creditors were unable to obtain money from the Defendant’s representative director due to its failure to obtain money, and thus, the Plaintiff’s failure to obtain money was at considerable risk of financing and management rights to the extent that its normal operation was impossible (i.e., the Plaintiff’s failure to obtain money, and (ii) the Plaintiff’s failure to obtain money from the Defendant’s representative director due to its financial statements, and (ii) it appears that the Defendant’s failure to obtain the Defendant’s reimbursement of the remaining amount of construction work.