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

2. The plaintiff's ground for the above revocation is against the defendant.

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in construction business, such as windows and steel, with the trade name of “D,” and the Defendant is established on March 5, 2009 by setting up a business area as a day-to-day employee under C Act for the purpose of credit business, etc. on March 5, 2009.

B. Around May 2012, the Plaintiff received a subcontract from Jincheon-gun, Jincheon-gun, Inc. (hereinafter referred to as “E”) for each of the construction works for the construction of the FF lending on the ground of Jincheon-gun, Jincheon-gun (hereinafter referred to as “each of the instant lending and the instant construction works”), with the cost of construction of KRW 264.6 million (50% of the value-added tax and the construction cost separately determined to be paid in substitutes) and each of the construction periods from May 2012 to July 2012, respectively.

(hereinafter referred to as “instant subcontract”). (c)

On the other hand, E and H (which seems to be the owner of the instant loan, hereinafter “H”) had been actually operated by the present intra-company director I and the husband of the Z before H, both of whom were the husband of the Z. D.

On January 7, 2013, the Defendant, the creditor of the Plaintiff, H and H, concluded a sales contract with the effect that H will pay No. 102 Dong 401 (hereinafter “the instant household”) of the instant loan as a part of the construction cost under the instant subcontract as a substitute to the Plaintiff. The main contents thereof are as follows:

(A) The term “A” refers to the Plaintiff, “B”, and the term “special agreement” among the terms and conditions of the sales contract under the following special agreement. Article 1 (Indication of Things) of the sales contract: Total supply amount of KRW 131,750,000 per day (excluding value-added tax): KRW 131,750,000 per day: there is no substitute construction cost, contract deposit, and intermediate payment: The balance is a contract for lump sum payment (matters of special agreement) and the Defendant, the creditor bank, without any condition, transfers the real estate stipulated in the contract to “B” or “B”.