1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

1. Basic facts

A. B (O in the case of actual owner) of the subcontract contract of this case

(E) around April 24, 2013, E Co., Ltd. (hereinafter “E”)

(B) On each of the instant land, the building “F Hospital” (hereinafter “instant building”) is a building on each of the instant land.

(i) eight billion won (excluding value-added tax; hereinafter the same shall apply) for the new construction work;

(2) A contract was made to the Plaintiff on April 24, 2013, and E subcontracted the construction of the instant building at KRW 7.2 billion for the construction cost, and the construction period from May 1, 2013 to February 2014 for the construction period.

3) The Plaintiff: (a) on November 201, 2013 (the contract was drafted retrospectively as of April 24, 2013) as the financial resources to cope with the entire construction project were insufficient;

(2) As between E and E, only the portion of the instant underground floor building’s reinforced concrete construction work among the entire construction works, the construction cost was KRW 1.9 billion for the construction work, and the construction period was determined from May 1, 2013 to February 28, 2015 to be subcontracted (hereinafter “instant subcontracted construction work”). The said reduced part of the construction work is “the instant subcontracted construction work,” and the relevant contract is “the instant subcontract”).

B. (1) The Plaintiff loaned construction cost from G to the Plaintiff, and requested G to lend KRW 300 million for construction cost around May 28, 2014, when the subcontracted construction of this case was carried out.

G requested K and L (O's friendship, the actual owner) to lend KRW 300 million to the Plaintiff.

2) K and L demanded G to waive the Plaintiff’s construction work as a security for the above KRW 300 million, and G received the Plaintiff’s “written waiver of the construction cost” from the Plaintiff and delivered it to K and L. K and L transferred KRW 300 million to the Plaintiff’s bank account on May 28, 2014. The written waiver of the construction cost (No. 1 and No. 3 pages of the evidence No. 1) from May 28, 2014 to July 28, 2014, the contract price of KRW 1.90 million from May 28, 2014 to July 28, 2014: KRW 350,000,000 among KRW 1.9 billion, KRW 1.95 billion, KRW 350,000,000 of the 1.9 billion, KRW 40,000,00 of the I company’s KRW