1. Revocation of a judgment of the first instance;

2. The Defendant is from December 3, 2016 to KRW 36,024,068 to the Plaintiff.

1. Basic facts

A. The Plaintiff is an individual entrepreneur with the trade name of “C” who runs a creative and glass construction business, and the Defendant is an individual entrepreneur who runs a lodging business with the trade name of “Del”.

B. Around December 2015, the Plaintiff was contracted with the Defendant’s husband E, who represented for the Defendant, with the construction cost of KRW 122,842,250 (value-added Tax separate) during the remodeling project of the Moel. The Plaintiff completed the said construction project on or around February 2016.

C. On December 30, 2015, at the Defendant’s request, the Plaintiff issued a tax invoice of KRW 200,000 (including value-added tax of KRW 18,181,818) to the Defendant for bank loans, and around that time, issued the Plaintiff’s passbook to E representing the Defendant for bank loans.

The Defendant paid KRW 10,00,000 to the Plaintiff on December 1, 2015, and KRW 5,000,000 on January 18, 2016, and KRW 10,000 on May 26, 2016.

On the other hand, after obtaining bank loans, on February 4, 2016, the Defendant remitted KRW 175,000,000 to the Plaintiff’s F Bank passbook. On the same day, E withdrawn KRW 105,00,000 out of KRW 175,000 on the same day, and returned the said passbook to the Plaintiff.

E. On July 11, 2016, E sent a text message to the Plaintiff, “Isphere, Isphere, Isphere. Isphere. Isphere. Isphere. Isphere.

[Reasons for Recognition] Facts without dispute, Gap's statements as to Gap's evidence, Gap's statements as to Gap's evidence, 1 to 5, 7, 8, 10 to 12, and the purport of

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Plaintiff completed the above construction work after being awarded a contract with the Defendant for the construction cost of KRW 122,842,250 (excluding value-added tax), and the above tax invoice was issued at the Defendant’s request. Thus, the Defendant paid the Plaintiff the construction cost of KRW 17,842,250 [12,842,250 - 35,000,000 (20,000,000 on January 18, 2015) (hereinafter “20,000,000 on May 26, 2016”) - KRW 70,000,000 for the construction cost of KRW 10,000 on May 26, 2016 (the amount of KRW 10,000 on February 4, 2016).