1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 21, 2017, E Co., Ltd. (hereinafter “E”) entered into a construction contract with the F Association (hereinafter “instant F”) with respect to the construction work for which the said F F F F F F F F F F F F F F F F F F F’s Busan Young-gu G (including value-added tax) and the construction period from July 25, 2017 to October 31, 2017.

(hereinafter referred to as the “new construction of this case”). (b)

On November 21, 2017, the Plaintiff entered into a subcontract with Defendant C (mutual name: I) on November 23, 2017 with respect to the stone construction among the new construction works in the instant case, with Defendant C (mutual name: H) on November 23, 2017, on November 27, 2017, with Defendant D (mutual name: J) on the part of the new construction works, and on November 27, 2017, the Plaintiff entered into a subcontract with Defendant D (mutual name) on the part of the new construction works.

(hereinafter “each of the instant subcontracts”). (c)

The Defendants received, respectively, the down payment under each of the instant subcontracting agreements from E on November 29, 2017; Defendant B was 7.7 million won; Defendant C was 6.6 million won; and Defendant D was 5.5 million won.

The construction cost of Defendant B’s subcontracted construction (including additional tax) E from December 17, 2017 to January 20, 2018, Defendant C Changho Corporation of KRW 35,860,000 from January 27, 2017 to January 20, 2018, KRW 18,150,000 from January 27, 2017 to January 20, 2018, Defendant D outer wall Non-ton Corporation of KRW 18,150,00 from January 27, 2017 to January 20, 2018.

D. On the grounds that the progress of the instant new construction project is delayed on December 2017, E prevents the Plaintiff from performing the said new construction project, and around that time, between the Defendants and the Defendants, he/she concluded a contract with the subcontractor as follows.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 15, 16 evidence, Eul evidence 1 to 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.