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. Basic facts

A. On October 21, 2016, the Defendant, who was selected as a C&D company, concluded a contract between the Plaintiff and the Plaintiff to subcontract the instant construction work of reinforced concrete (hereinafter “instant construction”) to the Plaintiff (hereinafter “instant contract”).

B. On December 22, 2016, the Plaintiff, who was performing construction works under the instant contract, agreed to terminate the instant contract with the Defendant, and returned KRW 141,248,000, which the Plaintiff received from the Defendant as a progress payment, to the Defendant, and drafted a written agreement with the effect that the Plaintiff renounces the input expenses and the remaining progress payment incurred during the instant construction works (hereinafter “instant agreement”).

C. The Plaintiff returned KRW 141,248,00 to the Defendant on the same day in accordance with the instant agreement.

On the other hand, on November 2, 2016, the Plaintiff paid KRW 16,00,000 to D (former name: E; hereinafter “D”).

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 2, 5 through 8 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. On November 2, 2016, the Plaintiff asserted that the Plaintiff paid KRW 16,00,000 to D on behalf of the Defendant upon request of F, a person in charge of the site of the instant construction project. At the time of formulating the instant agreement, the Defendant agreed to pay the Plaintiff KRW 16,00,000,000 in addition to the instant agreement, but did not pay that amount to the Plaintiff.

B. The following circumstances, which can be acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, are: (i) there is no objective evidence, such as a contract or agreement, which proves that the Defendant agreed to pay KRW 16,00,000 to the Plaintiff separate from the instant agreement; and (ii) the instant agreement, i.e., the Plaintiff and the Defendant terminate the instant contract and the entire amount of the input cost and the remainder payment incurred during the instant construction.