1. The plaintiff's primary claim and conjunctive claim are dismissed, respectively.

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

1. Basic facts

A. On August 12, 2015, Defendant, C, and D entered into a joint project agreement (hereinafter “instant joint project agreement”) with a joint project (hereinafter “instant project”) to jointly carry out two loans (Fdong, G Dong, and hereinafter “instant loan”).

According to the joint project agreement of this case, the defendant, C, and D agreed to distribute profits in proportion to 1/3 each, and to jointly handle all the affairs of the entire project of this case.

(On the other hand, although the parties to the instant joint agreement are written C, C is included as the defendant's creditor, and the actual parties to the instant joint agreement are the defendant and D, there is no dispute between the parties).

On September 17, 2015, Defendant, D, and C entered into a contract with the J (hereinafter “J”) regarding the new construction of the instant loan loan with the Defendant and C as the owner of the instant loan loan agreement, and with D, H, and I as the owner of the instant loan agreement, and the details thereof are as follows.

Fdong: The payment of KRW 1,129,00,00 for the work period from September 22, 2015 to February 28, 2016; the payment of KRW 250,000,00 for the remainder as a substitute after completion of the work; the payment of KRW 1,171,00,000 for the work period; the construction period from September 22, 2015 to September 28, 2015; the payment of KRW 1,171,00 for the remainder as a substitute: the contractor; the construction period from September 22, 2015 to February 28, 2016; the advance payment of KRW 250,000 for the work period; and the remainder as a substitute after completion of the work.

C. Defendant and D paid advance payment to J 40 million won, and D 100 million won in total.

On the other hand, D paid 70 million won to J as the contract price (=600 million won paid by D with loans and 600 million won in total) additional interest on loans and 100 million won in order to prepare for the above 600 million won.

However, the J suspended the above construction on April 2016 due to the shortage of funds.

Since April 14, 2016, the Plaintiff is a new construction of D and the Plaintiff’s loan of this case.