1.The judgment of the first instance shall be modified as follows:

All of the plaintiff's claims are dismissed.

2. The Plaintiff’s total costs of litigation.

1. Facts of recognition;

A. The Dongbu General Construction Co., Ltd. contracted for Gyeonggi-gun and four lots of land D construction outside Gyeonggi-gun, and provided E and the Defendant with the authority related to the building stones construction among the above construction (hereinafter “the instant building stones construction”), and the Defendant changed F to inquire about the contractor to perform the instant building stones construction.

B. On March 14, 2012, F introduced the Plaintiff to Defendant and E as a contractor, and on March 14, 2012, the Plaintiff prepared a construction subcontract agreement with Defendant and E to receive a contract for the building stones construction work in this case (hereinafter “instant contract”). At the time, the Defendant prepared the said contract and affixed the seal of the said contract to the said general construction dispute resolution committee.

C. E and the Defendant needed KRW 10 million to the Plaintiff as the name of establishing a field office for the instant stone construction work, and F changed the Plaintiff into the water ratio of KRW 5 million. On March 14, 2012, the Plaintiff transferred KRW 10 million to the account in the name of the Defendant, and KRW 5 million to the account in the name of F’s father G, respectively.

After receiving KRW 10 million from the Plaintiff on March 14, 2012, the Defendant transferred KRW 2 million to E among them on March 15, 2012, and transferred KRW 2 million to the Defendant’s wife H on the same day, and KRW 1 million on March 26, 2012. On March 16, 2012, the Defendant transferred KRW 5 million to E Chok I on the same day.

E. Meanwhile, the Plaintiff did not perform the instant stone construction work.

【Ground of recognition】 2, 3, 1, 2-2 through 7, F’s testimony of the witness of the trial court, and the purport of the whole pleadings

2. The case where only the defendant files an appeal by dismissing the main claim and declaring a judgment citing only the conjunctive claim against the two substantially selective concurrent claims in relation to the determination of the damages caused by the tort.