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.

Basic Facts

The plaintiff is a corporation that operates electrical construction business, communications business, etc., and the defendant is a corporation that operates electrical construction business, fire fighting business, etc.

On January 6, 2015, the Gyeonggi-do Office of Education, which concluded the instant contract, concluded a contract for the C Corporation (hereinafter “instant contract”). On January 6, 2015, the representative party to the instant contract is the Plaintiff (51%) and the joint counter-party to the instant contract is the Defendant (49%) and the construction cost is KRW 628,942,200, and entered into a contract for the instant project (hereinafter “instant contract”).

The Plaintiff and the Defendant completed the instant construction work on or around November 2015, and finally settled the construction cost of the instant construction at KRW 590,975,000 by reducing part of the construction cost.

The Gyeonggi-do Office of Education paid KRW 191,100,000 to the Defendant on February 16, 2015.

As indicated below, the Defendant paid 180,198,155 won in total to the Plaintiff or remitted 180,198,155 won as the subcontract consideration for the instant construction project.

According to each of the evidence Nos. 51,396,82 and 3, which was transferred to the Plaintiff on February 17, 2015, the sum of supply prices of the materials paid to D and E (36,238,902,204,786 won, 13,153,134 won) of the Plaintiff, on March 30, 2015, transferred to the Plaintiff on March 10, 2015, KRW 75,00,000,00,000, the Plaintiff transferred to the Plaintiff on March 30, 2015, KRW 51,396,82, and KRW 25,000,000,000, and KRW 15,000,000,000,000,000, KRW 35,000,00,000, KRW 15,015,27816,615,2767,27,275,27

However, the defendant's share in the above defendant's capital.