1. Revocation of the first instance judgment.

2. The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a corporation whose purpose is to construct reinforced concrete, etc., and the defendant is the representative director of D Co., Ltd. (hereinafter "D").

B. D intended to construct a new apartment house and office facility on the land of Busan Jin-gu, Busan (hereinafter “instant construction”) but intended to carry out the construction work under the name of E Co., Ltd. holding a comprehensive construction license (hereinafter “E”) with knowledge that the said construction work cannot be carried out independently because it does not hold a comprehensive construction license.

C. Accordingly, D, around January 20, 2016, entered into a contract with E to contract the instant construction work, and on the same day, D, from January 21, 2016 to June 18, 2016, entered into a contract with the Plaintiff for the construction of reinforced concrete construction during the instant construction work (including value-added tax) with the construction period of KRW 380,450,30 (hereinafter “first subcontract”). D (hereinafter “H”) subsequently, D, under the name of H Co., Ltd. (hereinafter “H”), agreed to carry out the instant construction work. On June 20, 2016, H, upon cancelling the said contract with E, concluded a new contract with H to contract the instant construction work with the Plaintiff for the construction period of KRW 380,450,30 (including value-added tax). On the same day, H, among the instant construction works, concluded a subcontract with the Plaintiff, setting the construction period of KRW 20,360,206 (hereinafter “the construction period of the instant construction work period”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Defendant, who is the representative director of D, the owner of the instant construction project, claimed by the parties, requested the Plaintiff to lend money, and accordingly, requested the Plaintiff to do so.