1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On May 20, 2015, the Defendant entered into a contract with D Co., Ltd. (hereinafter “D”) for the construction of the instant golf practice range located in Kimhae-si (hereinafter “instant golf practice range”) for the contract period of KRW 350,00,00 (excluding value-added tax) and the construction contract for the construction of civil engineering works during the said construction work period from May 20, 2015 to August 30, 2016, and the construction contract for E Co., Ltd (hereinafter “E”) on December 7, 2015 and the construction works during the said construction period of the building from December 20, 2015 to May 2016.

B. The Plaintiff, even though having put each equipment into D and E with respect to the instant construction project, failed to receive part of the construction cost, and D, around March 2017, prepared and executed a confirmation document stating that the construction cost to be paid to the Plaintiff is KRW 85,750,000 (hereinafter “instant confirmation document”).

C. Meanwhile, on December 13, 2016, E remitted KRW 10,000,000 to H, and around that time H paid KRW 9,000,000 to the Plaintiff.

On March 10, 2017, the Defendant remitted KRW 56,400,00 to the Plaintiff, and KRW 15,000,000 to the Plaintiff F.

The Defendant entered into a sales contract with G to sell KRW 5,70,000,00, and four parcels, which are the site of the instant golf driving range. Article 3 of the Terms and Conditions of the said sales contract states that “3,150,000,000 won in the balance of the construction cost of KRW 3,400,000, out of the sale price, shall be paid directly by the buyer to E at the seller’s request, and the seller agrees thereto.”

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3 evidence, Eul 1, 4, 6 through 8, 11, and 16, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff’s assertion 1 puts equipment at the construction site of this case.