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. The Plaintiff’s assertion is the cause of the instant claim, and the Defendant, among the Mancheon-si Del Corporation (hereinafter “instant construction”), agreed to execute the removal electric installation works and to conclude the interior and exterior works thereafter. Accordingly, the Plaintiff paid KRW 58,80,00 to the Defendant from September 5, 2014 to October 1, 2014. The Defendant embezzled the said amount without using it as the construction cost, thereby acquiring an amount equivalent to KRW 53,454,545, excluding value-added tax, out of the said amount.

2. The fact that the Defendant received KRW 58,800,000 from the Plaintiff is not a dispute between the parties.

However, the following circumstances, which can be recognized based on the evidence Nos. 1, 6, 8, and 9 and the purport of the whole testimony and oral argument of the witness E, namely, the Defendant is the actual contractor of the instant construction and the Plaintiff’s joint guarantor, and it cannot be deemed that the Defendant agreed to execute only the removal electrical construction works as alleged by the Plaintiff. The removal and non-intermediating construction costs of the instant construction are KRW 52,56,00, and the installation cost of the installation are KRW 34,37,431, and the amount already paid by the Plaintiff exceeds the amount already paid to the Defendant. The total installation cost of the instant construction exceeds the amount of KRW 111,08,633, which is much more than the amount paid by the Plaintiff to the Defendant. In light of the fact that the Plaintiff voluntarily received at least KRW 11,00,08,633 from the owner of the instant construction, the Defendant’s assertion that the Plaintiff paid the construction cost of the Plaintiff’s 601 or 7300,00.