1. The plaintiff's primary and conjunctive claims are all dismissed.

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

1. Facts of recognition;

A. Around June 2013, C Co., Ltd. (hereinafter “C”) contracted to the Plaintiff, among remodeling works for the building F on the Gyeonggi-gun E and two lots of land (owners: G) (hereinafter “instant construction”) on the following terms: (a) around June 2013, C Co., Ltd. (hereinafter “C”) contracted to the Plaintiff for the instant construction work (hereinafter “the instant other construction work”).

(hereinafter referred to as “instant contract”): The contract amount on June 27, 2013 to July 26, 2013: 93,500,000 won (including value-added tax) for the payment of a loan: the bank (temporary payment at the time of loan occurrence, and issuance of a certificate of the payment of substitute goods for F building:

B. On June 22, 2013, the Plaintiff received a written confirmation of the payment of construction cost in lieu of the construction cost (hereinafter “instant written confirmation”) to be transferred by evaluating the F Building H (hereinafter “instant containers”) as KRW 96,000,000 for the payment of the price for the instant other project. As the Defendant company and the owner of the building, G, who is the owner of the instant written confirmation, was the supplier, and C signed and sealed as the guarantor, respectively.

(hereinafter “this case’s substitute payment agreement”). 【No dispute exists, entry in Gap evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that: (a) as the primary cause of claim, the Defendant, on behalf of the owner, proceeded with the entire construction of the instant project on behalf of the owner; (b) sought payment of KRW 63,989,00 (Evidence A3) for the construction cost of the instant other project incurred by the Plaintiff against the Defendant; and (c) as the primary cause of claim, the Defendant, despite the Defendant’s agreement to pay the construction cost under the instant confirmation, was unable to perform the obligation to pay the substitute, such as the creation of a collateral security on the instant container, and thus, the instant contract and the construction cost were rescinded; and (d) the Defendant’s payment agreement for the construction cost was revoked.