1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 2012, Gapn F&D Co., Ltd. (hereinafter “Co., Ltd.”) contracted the instant construction work to the Plaintiff on November 2012 by receiving a payment of KRW 580 million from C for KRW 580,000,000,000 for KRW 580,000,000, and subcontracted the instant construction work to the Plaintiff. Accordingly, the Plaintiff performed stone construction work by April 2013.

B. On May 31, 2013, P&D prepared a memorandum of waiver of construction that “to waive the instant construction due to E&D’s circumstances,” and submitted it to C and the Defendant, the owner of the instant construction, and the Defendant, who was scheduled to implement the remaining construction of the instant construction.”

B. On August 7, 2013, the Defendant received KRW 100 million from C as advance payment of construction, and completed the instant construction contract for construction from August 7, 2013 to October 30, 2013, and KRW 300 million. Accordingly, the Defendant completed the instant construction project. On March 13, 2014, approval for the use of the said new building was granted.

C. Meanwhile, since June 2013, the Plaintiff and the Defendant’s representative director’s husband, who is the Defendant’s manager, are as follows:

[The Plaintiff sent a quotation (Evidence A) to the Defendant that he/she was unable to receive the construction cost of KRW 48,629,590 (excluding value-added tax) up to June 17, 2013 after receiving the textbook from E, June 14, 2013, as seen below, around June 25, 2013. On June 4, 2013: “Top F&D subcontractors, including the Plaintiff, transferred the construction right to the Defendant on May 31, 2013. The owner of the building and subcontractor transferred the construction right to the Defendant on May 31, 2013. The subcontractor, including the Plaintiff, transferred the construction right to the Defendant on June 14, 2013.

2. Construction costs received, and

3.To now the quantity of construction and construction costs;

4. Remaining construction quantity and construction cost;