1. The Defendant’s KRW 157,453,00 for the Plaintiff and KRW 5% per annum from June 29, 2016 to June 13, 2017.

1. Basic facts

A. On November 3, 2009, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with C Co., Ltd. (hereinafter “C”) and the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) with respect to the construction cost of KRW 1,627,427,096 and the construction period of KRW 30 from November 3, 2009 to April 30, 2010, to which the subcontract was awarded (hereinafter “instant subcontract”).

B. Around January 11, 2010, the Defendant received advance payment of KRW 200,000,000 from C. Around January 11, 2010, the Defendant agreed to settle the amount equivalent to the advance payment out of the total amount for the construction work.

C. C around April 28, 2010, requested the Korea Land and Housing Corporation to pay the 21st fixed progress payment. In the instant construction project, the amount of progress payment was KRW 55,400,000 for the instant construction project, and the total amount of progress payment was KRW 329,60,000 for the instant construction project, and the rate of progress payment was 20.25%.

At the time, the defendant prepared a written request for the payment of subcontract position in which the amount already paid was KRW 274,200,000, and the amount of progress payment for the party is KRW 55,40,000, and the amount of advance payment was KRW 6,648,00, and the amount requested to be paid for the party office was KRW 48,752,00.

C When the bankruptcy on July 2010 was settled, the Defendant suspended the construction work and completed it on the spot.

E. Around December 2014, the Plaintiff acquired the claim for return of advance payment from C to the Defendant and notified the Defendant of the fact of transfer on June 4, 2015 upon delegation of the notice of transfer.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 5 (including virtual number), Eul evidence No. 4, the purport of the whole pleadings

2. According to the above facts, the instant subcontract was terminated by agreement or non-performance on July 2010, when the Defendant ceased construction due to C’s default and completed at the site. Since the total sum of progress payments by the end of April 2010 is 20.25%, barring any special circumstance, the Defendant acquired the Plaintiff’s claim for return of advance payment from C, and the advance payment is 200,000.