1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

1. Facts of recognition;

A. On November 28, 2013, D Co., Ltd. (hereinafter “Nonindicted Company”) contracted “E Corporation” (hereinafter “instant Corporation”) with “E Corporation” as the contract price of KRW 1.29 billion (value-added tax separate) among the “E Corporation” (hereinafter “instant Corporation”). On the same day, the Plaintiff was awarded a contract from the Nonparty Company for the construction of “construction of machinery, electricity, and fire-fighting equipment” during the instant construction period from November 28, 2013 to December 30, 2014; the contract price of KRW 188,00,00 (value-added tax) and the total advance payment amount of construction.

(hereinafter referred to as “instant subcontract”). (b)

On January 15, 2014, Nonparty Company paid KRW 119,680,00 (in advance KRW 18.88 million and value-added tax KRW 1,888,00) to the Plaintiff under the pretext of advance payment as stipulated in the instant subcontract agreement.

C. On January 15, 2014, the Plaintiff remitted KRW 54,560,00 to Defendant C on January 16, 2014, and KRW 58,608,800 to Defendant B on January 16, 2014, and Defendant B remitted KRW 30 million to the deposit account in the name of K on January 16, 2014, and KRW 28,608,000 to the deposit account in the name of I.

On December 23, 2014, Nonparty Company notified the Plaintiff of the termination of the instant subcontract on the ground of “the commencement of construction works within the contract period” and requested the return of the advance payment already paid. On January 17, 2015, Nonparty Company paid KRW 119,680,000 to Nonparty Company.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2-2, Gap evidence 4-12, Gap evidence 5-1 through 3, Eul evidence 6, Eul evidence 1-1, and the purport of whole pleadings

2. Judgment on the main claim

A. The gist of the Plaintiff’s assertion was to conclude a sub-subcontract on the part of the instant construction work with the Defendants, and to pay KRW 58,608,800 to Defendant B as an advance payment, and KRW 54,560,000 to Defendant C on January 16, 2014. The Plaintiff’s termination of the instant construction work is from Nonparty Company.