1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 11, 2012, the Defendant concluded a contract for the construction cost of KRW 360,000,000 for Pyeongtaek-si D Housing and the scheduled completion date of construction works on April 15, 2012. The Plaintiff was awarded a subcontract to E Co., Ltd. (hereinafter referred to as the “Non-Party Company”) operated by C and completed the subcontract on September 201, but did not receive construction cost of KRW 25,00,00 from the Non-Party Company.

B. From February 1, 2012 to June 21, 2012, the Defendant received a written confirmation from C to the effect that all of the construction cost was paid KRW 327,400,000,000 from C, and that the full amount of the construction cost was received from C on December 24, 2012.

C. On December 21, 2012, the Defendant remitted KRW 10 million to the Plaintiff.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]

2. The plaintiff's assertion and judgment

A. The claimant asserts that the defendant has an obligation to pay the Plaintiff the remainder of KRW 15 million with the exception of the remainder of KRW 10 million received from the defendant, as the non-party company agreed to directly pay the price for the construction that was not paid by the non-party company.

B. Determination Nos. 5, 7, 8, 9, and 11 (including paper numbers) are written and written as a whole in the testimony of witness C of the trial party to the following circumstances, namely, according to the statement of cost of construction work entered into between the defendant and C, even though the cost of construction work performed by the plaintiff is only about 15 million won, it is difficult to deem that the defendant agreed to pay directly to the plaintiff KRW 25 million. According to the plaintiff's assertion, C prepared a written confirmation of receipt of the above contract price that the defendant received the whole contract price even if he did not pay KRW 15 million, which is a part of the above contract price, and the subcontractor who did not receive the contract price from C, many.