1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 10, 2015, the Plaintiff prepared an order to place an order for the F Corporation (hereinafter “instant construction”) with the construction cost of KRW 154,00,000 (including value-added tax) to the Defendant, and sent it to the Defendant on July 20, 2015. The Defendant affixed the said order and sent it to the Plaintiff on July 22, 2015.

B. On June 17, 2015, the Plaintiff drafted a construction contract agreement between the Defendant and the Defendant to contract the Defendant for the construction cost of KRW 1.562 billion for the construction cost.

C. On June 30, 2015, the Defendant issued an electronic tax invoice with the construction cost of KRW 187 million to the Plaintiff. On the same day, after cancelling the issuance of the said tax invoice, the Defendant re-issued the electronic tax invoice with the construction cost of KRW 150 million.

On June 30, 2015, the Plaintiff paid KRW 55 million to the Defendant as advance payment of the instant construction project.

E. On August 4, 2015, the Defendant prepared a written waiver of construction works to the effect that the contract is waived and delivered to the Plaintiff.

On the same day, the Plaintiff paid KRW 154 million to the Defendant on the same day as the contract price of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 6, 7, Eul evidence Nos. 2, Eul evidence Nos. 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. On June 30, 2015, the Plaintiff asserted that the Plaintiff transferred the instant construction cost to the Defendant on June 30, 2015 under the pretext of advance payment of the instant construction work, but transferred the said advance payment to the Defendant on August 4, 2015, without deducting the said advance payment from the total construction cost, and without deducting the said advance payment from the total construction cost of KRW 154 million.

Therefore, since the plaintiff paid the defendant more than 5 million won as the price for the construction in this case, the defendant is obligated to pay the plaintiff the remaining 53,680,000 won after deducting 1,320,000 won as the price for the delayed payment from the above 55,00 won.

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