The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. On March 26, 2015, the Plaintiff was awarded a contract with the Korea Rural Community Corporation for the construction cost of KRW 2,589,700,000 for the “D Demonstration Facility Construction Work” from the Jeju Rural Community Corporation.

On July 31, 2015, the Plaintiff subcontracted the water supply and sewerage construction works to the Defendant (hereinafter “G Co., Ltd.”) during the construction period, and set the construction period as KRW 548,912,00, and from August 3, 2015 to December 20, 2015, the Plaintiff changed the construction price to KRW 405,80,000 on December 10, 2015.

The defendant was paid the above KRW 405,800,000 from the rural Corporation.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including each number, if any) and the testimony of the first instance E and H, the result of inquiry into the facts about the Korea Rural Community Corporation in the first instance, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was received from the Korea Rural Community Corporation the full amount of KRW 408,800,000 for the construction cost, even though the construction was suspended without fulfilling all water supply and sewerage construction works.

Since then, the plaintiff performed the remaining water supply and sewerage works, and the construction cost corresponding thereto reaches KRW 195,472,444.

Accordingly, the defendant is seeking to pay the above KRW 195,472,444 due to damages due to nonperformance of obligations or return of unjust profits.

3. In a claim for damages arising from nonperformance of an obligation, the burden of proving the non-performance of an obligation lies on the creditor, and in the case of unjust enrichment, the person who seeks to return the obligation to prove that the performance was provided without legal cause.

Therefore, in this case, the defendant's burden of proof on the failure to complete the subcontracted water supply and sewerage construction is against the plaintiff.

The evidence conforming to the plaintiff's assertion has the statement of cost invoice (No. 5-2) and testimony E of the first instance trial witness E.

In this regard, E, who prepared an account statement for the above construction cost, is a person who has worked as an on-site warden of the plaintiff.