1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the following determination as to the set-off defense added by the defendant in this court:

2. Judgment on the defendant's defense of set-off

A. In violation of paragraph (5) of the instant direct payment agreement, the FF did not separate the progress payment that it executed and claimed to the Defendant, and did not enter its account number in the instant direct payment agreement.

The defendant did not pay the construction cost directly to the LAF due to such negligence of the LAF and incurred a loss in excess of the construction cost to the LAF, which shall be offset by the damage claim of KRW 50,000,000 against the LAF within the scope of the amount equal to the Plaintiff's LAF's credit

B. (1) We examine whether the Defendant has a damage claim against the F.S. Bank of Korea.

(2) It is not sufficient to recognize that the Defendant suffered losses in excess of the construction price to the KGGD in relation to the EGG new construction only by the descriptions of the GGGR Nos. 1 to 4 (including the paper numbers), and there is no other evidence to acknowledge otherwise.

(3) Even if the damages incurred to the Defendant in excess of the construction cost, such damages cannot be deemed to have been caused by the negligence of the Bank of Korea for the following reasons, and thus, the Defendant’s damage claim against the Fund is not established.

According to Gap evidence Nos. 3 and 5, the defendant who is the ordering person and the original beneficiary, and the sub-party F, which is the sub-party F, shall be directly paid the construction cost of 1,122,00,000 won for the steel-line construction project to the KNF on December 4, 2017. The defendant prepared the instant direct payment agreement, which states that the defendant shall directly pay the construction cost of 1,122,00,000 won for the steel-line construction project, and Paragraph 5 of the instant direct payment agreement is divided into two parts executed by the KNF at the time of the final inspection and the completion inspection, and the subcontract consideration is also separated.