1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. On December 22, 2011, the Army Team affiliated with the Plaintiff (hereinafter “Plaintiff”) announced a total tender (hereinafter “instant tender”) with respect to the 5 construction works located in the two weeks of the Plaintiff’s unit (hereinafter “instant construction works”).

B. On December 30, 201, the Defendant participated in the instant bidding and determined as a successful tenderer, and entered into a contract with the Plaintiff’s unit with the terms that the Defendant was awarded from the Plaintiff unit the instant construction contract amounting to KRW 2,257,002,960, and the construction period from December 30, 201 to November 30, 2012 (hereinafter “instant construction contract”).

The general terms and conditions of the construction contract incorporated into the instant construction contract (Article 2200.04-104-24 of the Rules on Contracts by the Ministry of Strategy and Finance, hereinafter “general terms and conditions of the construction contract”) and the guidelines for the execution of government bidding contracts (Article 2200.04-159-18 of the Rules on Contracts by the Ministry of Strategy and Finance, hereinafter “the guidelines for the execution of government bidding contracts”) are as shown in the attached Table.

C. On February 29, 2012, the Defendant used the Plaintiff’s unit for the same purpose as advance payment in a document related to the instant advance payment, etc., and for convenience, the Defendant’s use of advance payment in the form of the word “advance payment.”

When applying for the payment of KRW 299,00,000, the advance payment was proposed to be used for KRW 46,20,000 for material costs (direct material costs), labor costs (labor costs) to KRW 67,10,000 for finished goods costs and KRW 185,70,000 for finished goods costs.

Plaintiff

On February 29, 2012, upon the Defendant’s application for the foregoing advance notice, the military unit paid KRW 299,000,000 to the Defendant (hereinafter “instant advance notice”) and received a written advance notice from the Defendant that the Defendant would use the instant advance payment for purposes prescribed by relevant provisions, such as the guidelines for the execution of government tendering contracts.

E. However, after the instant contract for construction work was concluded, at the Yangju City, December 2014.