The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

The plaintiff's total costs of litigation.

Basic Facts

(1) The Codefendant C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. (hereinafter “Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd”) in the first instance trial received from the Defendant the instant construction work amounting to KRW 1,308,450,000 for the construction cost.

(2) On September 5, 2016, the Plaintiff and the Defendant drafted a written contract (Evidence A 1) stating that “the Plaintiff supplied the instant fire-fighting system installation work from the Defendant (hereinafter “the instant fire-fighting system installation”) to KRW 67,50,000,000,000 for the construction cost,” and that “the Plaintiff and the Nonparty Company received the instant fire-fighting system installation work from the Nonparty Company for KRW 67,50,000 from the Nonparty Company” (Evidence A 2) on the same day.

(3) The Plaintiff was engaged in fire-fighting system installation of this case.

(4) The Plaintiff received from Nonparty Company KRW 20 million as the construction price for the instant fire-fighting system installation work on December 14, 2016, KRW 20 million, KRW 20 million on January 25, 2017, and KRW 10 million on May 26, 2017.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 4-1, 2, 3, and Eul evidence Nos. 4-1, 1, 2, 3, and 1 of the whole pleadings, the gist of the plaintiff's argument is that the plaintiff received fire-fighting system installation works of this case from the defendant, and the non-party company also agreed to pay the plaintiff the construction cost jointly with the defendant, and the plaintiff received payment of KRW 50 million among them, so the defendant is jointly and severally liable to pay the non-party company and the plaintiff the construction price of KRW 17,550,00 (=67,50,00 won - 50,000 won) or the damages for delay.

The non-party company, the summary of the defendant's assertion, contracted the construction of this case, including the fire-fighting system installation, from the defendant, and the plaintiff contracted the fire-fighting system installation.

A No. 1 is formally prepared to avoid restrictions under Acts and subordinate statutes on contracts for fire-fighting system installation works.