1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. Facts of recognition;

A. B, on September 1, 2015, the Defendant: (a) received from the Defendant a contract for the construction of internal and external facilities (hereinafter “instant construction”) among the new construction of multi-household housing in Gwangju City by setting the construction cost of KRW 498,500,000 (including value-added tax) and the construction period of November 30, 2015.

(hereinafter “instant contract”). (b)

Plaintiff

The designated parties supplied goods or provided labor at the construction site of this case executed by B, but the Plaintiff did not receive the price of KRW 38,130,00, KRW 34,625,00, KRW 34,625,00, KRW 11,166,276, and KRW 7,770,000, respectively.

C. The Defendant paid B KRW 397,00,000,000 as the instant construction cost on September 2, 2015, and KRW 150,000,000 on September 22, 2015, and KRW 50,000 on October 30, 2015, and KRW 27,000,000 on November 3, 2015, and KRW 397,000,00 on November 11, 2015.

On February 27, 2016, the Defendant settled the instant construction cost and the instant additional construction cost at KRW 122,00,000 (hereinafter “the instant settlement agreement”), and received a receipt (hereinafter “the instant receipt”) from B to the effect that “60,000,000 won” was received as the instant construction cost, and that the remainder 62,00,000 won (the amount of KRW 42,00,000, value-added tax, KRW 20,000), and the remainder 62,00,000 (the amount of KRW 42,00,000, value-added tax, KRW 20,000) was received after the completion of the construction work.”

E. B discontinued the instant construction work around March 2016, after the instant settlement agreement, around March 2016.

Following the completion of the remaining construction work by H or third enterprises around March 2016, the Defendant obtained approval for the use of the building from the Gwangju City Mayor on September 13, 2016.

The Defendant spent KRW 55,349,000 in order to complete the remaining construction work of this case.

F. B: (a) drafted a written statement of direct payment on August 17, 2016 to the Plaintiff and the Selection; (b) transferred KRW 25,782,825 to the Plaintiff; (c) KRW 23,412,805 to the Appointor D; (d) KRW 7,550,436 to the Appointor E; and (e) KRW 5,253,934 to the Appointor F; and (e) KRW 62,00,000,00 among the remainder of the construction payment against the Defendant.