1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff’s alleged treatment industry development company awarded a subcontract to the Defendant for the non-fit and field construction work among the “fit and field construction work in the border-si B”, and the Defendant awarded a subcontract to the Plaintiff during the subcontracted construction work.

From June 2016 to July 30, 2017, the Plaintiff completed the construction work of the instant yetter.

The Plaintiff received payment of KRW 460,777,765 from the Treatment Industry Development Co., Ltd., and paid the remainder of KRW 121,382,265 to the Defendant by the Treatment Industry Development Co., Ltd., and the Defendant is obliged to pay the remainder of the construction cost to the Defendant.

B. The defendant's assertion that he did not pay part of the construction cost of this case to the plaintiff.

The Plaintiff asserted that the unpaid construction cost is KRW 121,382,265, but the unpaid construction cost was KRW 29,442,265.

The Plaintiff and the Defendant agreed to settle the accounts for KRW 29,442,265, and the Defendant paid the amount under the above agreement to the Plaintiff. Therefore, the Plaintiff’s claim in this case is without merit.

2. Facts of recognition;

A. The Treatment Industry Development Co., Ltd. (hereinafter “Treatment Industry Development”) awarded a subcontract to the Defendant for the construction work of the head of the non-head of the construction work and the fielding work among the “new construction work of the Gyeongbuk-si, Busan-si,” and the Defendant awarded a sub-subcontract to the Plaintiff during the subcontracted construction work (hereinafter “instant construction work”).

B. The Plaintiff completed the instant construction work from May or June 2016 to July 30, 2017.

C. On December 22, 2017, the Plaintiff settled the Plaintiff’s instant construction cost in KRW 460,778,765, and the instant construction cost. The Defendant paid KRW 316,357,500 to the Plaintiff even after receiving KRW 460,778,765 from the development of the treatment industry on December 8, 2017. The Plaintiff urged the payment of the remainder of the construction cost of this case by December 27, 2017.