1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The defendant is a contracted company of B extension work.

C. The construction cost of KRW 40,000,000 for the construction cost (excluding value-added tax) from May 4, 2015 to May 30, 2015 on the construction period, May 4, 2015, the date of the Plaintiff’s construction contract, which is May 2, 2015 (excluding value-added tax) for the construction work, from May 6, 2015 to May 30, 2015 to May 30, 2015.

B. Around May 2015, the Defendant awarded a contract to C Co., Ltd. (hereinafter “C”) and the Plaintiff for part of the extended construction work, respectively, and the content thereof are as listed below.

C. The Plaintiff completed the above title construction and received construction cost from the Defendant, but C did not complete part of the above title construction, metal and wood construction (hereinafter “instant construction”).

On July 6, 2015, the Plaintiff prepared and submitted a written estimate to the Defendant for an estimated amount of KRW 37,858,700 with respect to the instant construction project. On July 8, 2015, the Plaintiff intended to perform the instant construction project and received KRW 10,000,000 as advance payment, and prepared a receipt (Evidence 1).

The above receipt refers to C and the type of work are stated as d and written as d and written as d and written as d and written as the receipter A.

E. On December 1, 2015, the Plaintiff, who completed the instant construction project, issued an electronic tax invoice worth KRW 27,500,000 in total, as the person being supplied with the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1, 2, 4, 5, 8-1, and Eul evidence 1

2. The plaintiff asserts that the plaintiff is obligated to pay the plaintiff KRW 17.5 million calculated by deducting the advance payment from KRW 27.5 million, since the plaintiff completed the construction of this case directly from the defendant, the defendant is obligated to pay the plaintiff KRW 17.5 million.

As to this, the defendant is C, and the plaintiff is merely the subcontractor who has been sub-subcontracted by C, and the defendant is obligated to pay the construction cost only to C.