1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 5, 2013, the Plaintiff entered into a subcontract with the Defendant on the condition that the part of the installation work for the hot spring development and the construction work for the building of the building of the Heung-gu Party A, Cheongju-si, and that the Plaintiff would receive KRW 1.3 billion in return, but that the Plaintiff would receive KRW 132 million in advance as advance payment.

B. In relation to the payment of the foregoing advance payment, the Defendant endorsed and delivers to the Plaintiff two copies of the Promissory Notes (the Promissory Notes No. B, C, and hereinafter collectively referred to as the “instant Promissory Notes”) dated June 25, 2013, each of whose face value is 88 million won, each of the issuer’s each stock company, the due date, June 25, 2013, and June 30, 2013.

C. The Plaintiff endorsed and delivered to the Defendant one promissory note (hereinafter “instant promissory note”) on July 15, 2013, which is the difference between KRW 176 million in total and KRW 132 million in advance as stipulated in the said subcontract, and the advance payment of KRW 132 million in the said subcontract.

Nonparty D had lawfully presented the Promissory Notes as the final holder but refused to pay.

D The judgment became final and conclusive by filing a lawsuit against the plaintiff, defendant, and E (Cheongju District Court 2013da17162) claiming the payment of the bill amount against the plaintiff, defendant, and E, who are the issuer, the issuer.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 5, Eul evidence 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion (Selective Claim) asserts that the Defendant should return the amount equivalent to the face value of the Promissory Notes to the Plaintiff, and that the Plaintiff should return the amount equivalent to the face value of the Promissory Notes to the Plaintiff. The Plaintiff’s damage and the Defendant

(1) The Plaintiff and the Defendant are bound to pay the amount of the Promissory Notes to the final holder of the Promissory Notes, and the Plaintiff is obligated to pay the Promissory Notes to the Defendant.