1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On June 4, 2014, the Defendant entered into a contract with Nonparty D Co., Ltd. (former E Co., Ltd.; hereinafter “Nonindicted Company”) on setting the construction period as to machinery and equipment, electricity, fire-fighting equipment, furniture, architecture, sanitary engineer, lighting (hereinafter “instant remodeling construction”) among the construction works for the extension and remodeling of the G hotel on the ground of two parcels outside the F in Scheon-si and the non-party Co., Ltd. (hereinafter “instant remodeling works”).

B. Around that time, the Plaintiff entered into a contract with the Nonparty Company regarding the instant construction of machinery and equipment (hereinafter “instant construction of machinery and equipment”) as a construction period from June 13, 2014 to September 30, 2014, and as a construction cost of KRW 286 million (including value-added tax).

C. The instant remodeling project was conducted from June 2014 to November 2014. The Plaintiff received KRW 89.6 million in total from the Nonparty Company from June 17, 2014 to September 2, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 7, each entry in the Gyeonggi District Tax Office of the first instance court, each order of submission of tax information to the head of the Gyeonggi District Tax Office of the first instance court, Kimhae Tax Office, the result of the order of submission of financial transaction information to the first instance court, the whole purport of the pleadings

2. Determination as to the cause of action

A. On July 30, 2014, the Defendant, claiming the Plaintiff, prepared a written consent of the direct payment of the subcontract price with respect to KRW 286 million, which is the full payment of the price for the instant machinery and equipment works, and delivered it to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 90,000,000,000,000.

B. First of all, the Plaintiff’s payment of the cost of the instant machinery and equipment construction, which was not paid by the Nonparty Company, to the Defendant.