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

The plaintiff's claim against the defendant is dismissed.

1. Basic facts

A. On June 27, 2017, the Plaintiff received a subcontract from the Defendant for the instant subcontracted construction work amounting to KRW 127,00,000,00 for the construction cost of the subcontracted construction work, among the instant construction works (hereinafter “instant construction works”).

(hereinafter referred to as the “instant subcontract”). (b)

On August 1, 2017, the Plaintiff received KRW 40 million for the first time payment for the subcontracted project in this case from the Defendant. On the same day, upon C’s request, which was a field agent of the instant subcontracted project, the Plaintiff received a written confirmation of refund for the completed portion and re-payment (hereinafter “instant confirmation”) as follows, and transferred KRW 20 million out of KRW 40 million to the Nong Bank account in the name of C.

It is confirmed that the instant construction project has received progress payment by claiming the first progress payment and receiving the payment, and that some amount of 20 million won out of the progress payment shall be temporarily returned for the settlement of the other fairness and the completion payment on August 1, 2017, and that the amount of KRW 20 million returned by August 31, 2017 shall be re-paid to the (corporate Plaintiff of the Bank) account without re-issuance of the tax invoice, and that it will be held liable for civil and criminal liability in the event of a problem related to the unpaid payment.

C. At the bottom of the instant confirmation document, C’s address and signature are written in writing, and C’s unmanned sign is stamped immediately next to the signature.

On September 15, 2017, the Plaintiff was issued a letter of performance of the obligation (construction price) as follows by D and G (hereinafter “the instant letter”) from D and G.

A creditor: A joint and several surety for the debtor of the plaintiff: A joint and several surety for the debtor of the defendant branch office: A joint and several surety for the debtor of the defendant branch office: A joint and several surety for the amount borrowed from G: He/she promises to borrow the above amount of KRW 20 million and to implement

By September 29, 2017, it shall be paid to the creditor by September 29, 2017. The jurisdiction over any dispute over this obligation shall be decided by the creditor.