1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. On July 19, 2012, the Plaintiff is a company that was incorporated with the location of its head office as an Bupyeong-si for the purpose of software development business, etc.

On May 28, 2018, the purpose of the plaintiff's corporate register was to add buildings assembly business, steel structure construction business, etc. to the purpose of the plaintiff's corporate register.

B. On August 27, 2018, the Plaintiff entered into a subcontract agreement with the Defendant for construction works to complete the contract amount of KRW 99,000,000 (including value-added tax) with respect to the part of the printing team construction among the new construction works (hereinafter “instant construction contract”), and received KRW 50,000,000,000 in total from the Defendant on August 27, 2018.

C. On September 6, 2018, F, which was practically performing the instant construction project under the Plaintiff’s control, established “G of the stock company” with the same trade name as that of the Plaintiff, whose head office was located in Ansan-si.

F, around October 2018, after the withdrawal of the Plaintiff Company, on October 26, 2018, the F entered into a subcontract for construction works with the Defendant in terms of the contract amount of KRW 52,476,00 with respect to the panel construction among new E-construction projects identical to the instant E-construction projects.

Since October 26, 2018, F spent the construction cost related to the instant project in the name of G Co., Ltd., a company established by oneself, as follows:

On December 28, 2018, H company 2,233,000 won for the monthly transport of September 22, 2019, the J company 583,264 won for the purchase of materials on December 19, 2018, which is KRW 550,000, K company 1,000,000 on March 15, 2019, “460,000 won” on December 15, 2019

On November 15, 2018, the Defendant paid KRW 49,000,000, totaling of KRW 5,000,000 on November 23, 2018, and KRW 24,00,000 on December 3, 2018 to the account of G established by F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 10, Eul evidence Nos. 1, 2, 4, 10 through 15.