1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant: (a) received part of the construction work of the ELP glass plates from the ELP Co., Ltd.; and (b) subcontracted part of the construction work to the IEN Co., Ltd. (hereinafter “AteN”); and (c) the Plaintiff was sub-subcontracted from the IEN to the IEN on the part of the above construction work (hereinafter “the instant IEN”).

B. The Plaintiff submitted each of the construction specifications equivalent to KRW 17,167,071 in total on August 18, 201, and the construction specifications equivalent to KRW 61,278,375 in total on February 24, 2012, to the Defendant.

C. The Plaintiff was transferred the construction cost of KRW 58,00,000,000, in total, from September 2, 201, to July 19, 2012, with respect to the instant Bohion Corporation.

On the other hand, the defendant Gap remitted to the plaintiff's employees B the total of KRW 12,00,000,000 on January 20, 2012 and KRW 12,00,000 on June 14, 2012.

E. After completion of the instant Bododo Construction, A revised the settlement statement of KRW 5,876,268 (hereinafter “instant settlement statement”) to B on September 8, 2012, the total amount of the unpaid settlement amount written by B (hereinafter “instant settlement statement”) to KRW 4,00,000,000 in total, and ordered “I enter into payment agreement as above at the end of the said settlement statement.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the parties' assertion 1) The plaintiff did not receive the payment of the construction cost in spite of the plaintiff's execution of a separate construction work other than the instant Bohion at the defendant's request. Since the plaintiff settled the unpaid construction cost at KRW 4,000,000 through the settlement statement of this case, the defendant asserts that the defendant is obligated to pay the above money to the plaintiff. 2) Accordingly, the defendant did not perform a separate construction work other than the instant Bohion Corporation (58,00,000 won) and A (12,000,000 won).