1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. On July 9, 2015, the Appointed Co., Ltd. (hereinafter “designated Company”) entered into a contract with the Sung forest D&C Co., Ltd. (hereinafter “S&C”) on the second new construction works of the 2nd new construction works of the YK (hereinafter “instant construction works”) of the Eup, publically, JMK and Eup, and Sung forest D&C continued the instant construction works.

B. On January 18, 2016, Sung C&C entered into a subcontract with the Defendant for the elevator installation works (hereinafter “instant elevator installation works”) among the instant works as KRW 176 million (including value-added tax) and paid the Defendant the down payment of KRW 35.2 million on the same day.

C. Since September 2016, the Selection Company agreed with the Plaintiff to proceed with the remaining construction work and the Plaintiff completed the remaining construction work.

Slim C on January 16, 2017, paid to the Defendant the balance of KRW 140,80,000 to the instant elevator installation works until February 28, 2017, and the Plaintiff and the designated parties signed the instant notarial deed with the content of joint and several sureties’s debt.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff and the designated parties asserted that the Plaintiff and the Defendant suffered enormous damages due to the delay in completion of the instant elevator installation works, on the ground that the Plaintiff and the designated parties were unable to grant the completion certificate for the elevator installation works unless the Defendant paid any balance of the elevator installation works, and that the Plaintiff and the designated parties did not accurately know the balance of the instant elevator installation works. Therefore, the instant notarial deed is null and void. (2) Of the amount under the instant notarial deed, the portion on value-added tax 16 million won out of the amount under the instant notarial deed is a matter to be adjusted between the Plaintiff and the Defendant, and the Plaintiff and the Defendant.