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 February 3, 2014, the Defendant awarded a contract to C Co., Ltd. (the de facto representative is D; hereinafter referred to as “C”) for the new construction of multi-household housing in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as “new construction of this case”) at KRW 400,00,000 (excluding value-added tax) for the construction cost, and the Plaintiff was awarded a subcontract from C for the construction of the new construction of this case and the metal construction portion (hereinafter referred to as “instant creative and metal construction”).

B. On August 13, 2014, the Defendant paid KRW 10,000,000 to the national bank account under the Plaintiff’s name, KRW 2,000,000 on September 1, 2014, and KRW 1,000 on January 17, 2015 to the corporate bank account under the Plaintiff’s name.

C. At around August 13, 2014, D, each of the statements stating "I swear that I will complete the instant new construction work by August 31, 2014 (hereinafter referred to as "first letter"), and around September 5, 2014, I will complete the instant new construction work by September 20, 2014. By changing I will issue defective securities by converting D's contractor into D's plant, and issuing them by September 17, 2014 (hereinafter referred to as "second letter").

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the parties’ assertion asserts that the Defendant, around July 2014, while entering into a subcontract for the construction of the title and metal of this case with C, was aware that the remaining part of the construction work was directly handled by the Defendant, and that the Defendant entered into a construction contract with the Defendant and completed the construction work by setting the construction cost of KRW 20,000,000, and the Defendant paid only KRW 13,000,000 among them. As such, the Plaintiff asserts that the remainder of the construction cost of KRW 7,00,000 and damages for delay were claimed.

As to this, the defendant directly pays the material cost and labor cost to the plaintiff who is the subcontractor.