1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 23, 201, the Defendant concluded a contract with the Plaintiff for the construction of the 7th floor building (hereinafter “instant construction”) on the land of Dobong-gu Seoul Metropolitan Government (hereinafter “instant building”) to contract the construction cost of KRW 588,000,000 (hereinafter “instant construction contract”), while receiving KRW 5,000,000 out of the construction cost from the Plaintiff. After the construction of the instant building, the Defendant acquired the 2,3,4,000,000 total of KRW 90,00,000 for the remainder of the construction cost, the Defendant agreed to substitute the 583,00,000,000 for the remainder of the construction cost. The Plaintiff agreed to pay KRW 317,00,000 for the Plaintiff’s bank loans.

B. On August 25, 2011, the Plaintiff obtained a building permit, and the Defendant received a down payment of KRW 5,000,000 from the Plaintiff and commenced the construction work thereafter.

On October 29, 2013, the Plaintiff newly agreed on the construction cost, etc. under the instant construction contract with the Defendant (hereinafter referred to as the “instant agreement”) for the settlement of the loan and debt to others, etc. of the construction cost incurred by the Plaintiff, and the main contents thereof are as follows.

(1) The plaintiff and the defendant confirm that they have entered into a construction contract with the total construction cost of KRW 588,000,000, and have not yet been completed.

(2) The defendant and the defendant representative director D received KRW 5,00,000 from the plaintiff as the payment for the above construction contract, and confirmed that they agreed to purchase the above building 2,3,4,000 won among the remaining construction cost of KRW 583,00,000 and the loans of KRW 317,00,000,000, out of KRW 375,000,000.

(3) The security obligation of the right to collateral security in the name of E (150,000,000 won, interest rate of 2.5%) and F (120,000,000 won, interest rate of 3%) established on the above land and the deposit amount of KRW 100,000 under the lease contract with the lessee as the lessee is a loan for the above construction by the actual defendant and D, and the actual debtor is confirmed as the defendant and D.