1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. Co-contract operation agreement between the Plaintiff and Tran Construction Co., Ltd. 1) The Plaintiff is a pair of construction companies (hereinafter referred to as “balchis construction”).

Ab-1 and 2 B block housing construction works from the Gyeonggi-do Si Corporation on December 2010. On December 10, 2010, the joint contracting management agreement concluded a joint contracting management agreement for the performance of the said construction works and concluded a joint contracting management agreement to form a joint contracting group. 2) The joint contracting management agreement concluded that (i) the Plaintiff out of the members of the joint contracting group holds 40% shares and 15% shares; (ii) the members of the joint contracting group receive progress payment from the Gyeonggi-do Si Corporation; and (iii) the members of the joint contracting group receive progress payment from the Gyeonggi-do City Corporation; and (iv) the members of the joint contracting group claim for cost reimbursement according to the share ratio to the members of the joint contracting group by the 4th day of the following month after the payment by the Plaintiff by the end of each month.

B. The Plaintiff and the two-use construction’s joint deposit account opened a joint account (1) but from July 2012 to March 3, 2012 due to the shortage of funds, etc., the Plaintiff did not pay the cost advance payment. On September 2012, the Plaintiff: (a) opened a pair of construction and the accounts for receipt of progress payment under the joint name of the Plaintiff and the two-use construction; and (b) if the two-use construction deposits the progress payment from the Gyeonggi-do construction to the said joint account, the Plaintiff agreed to preferentially use the payment for the cost advance (hereinafter “joint account opening agreement”).

(2) On September 13, 2012, pursuant to the joint account opening agreement between the Plaintiff and the Defendant, the Plaintiff opened a joint account (i.e., enterprise free savings, account number 140-09-784070) with the Defendant on September 13, 2012 (hereinafter the above deposit account referred to as “instant account”) (i.e., the instant deposit account, and (ii) the deposit deposited in the instant account, and (iii) the Defendant’s claim for the payment of the instant deposit to the Defendant during that process.