1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The reasons why the court of first instance states this part of the fact-finding are as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, except where part of the reasons stated in Paragraph 1 of the judgment of the court of first instance is modified as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the first instance court " October 24, 2014" shall be written on September 24, 2014.

"No. 11 and No. 12 of A" shall be added to the fourth, sixth (based on recognition) judgment of the first instance court.

2. The plaintiff's assertion

A. Agreement on the Recognition of “prepaid” or “prepaid” was agreed to recognize the “Interim Report” in the instant procurement contract as “prepaid” with 40% of the entire services (prepaid) and 40% of the completed goods supplied (prepaid payment).

B. In the first instance trial, the Plaintiff asserted that “a stamp did not perform its duty corresponding to the advance payment under the instant procurement contract, and thus, the Defendant received KRW 125,983,750 from the Plaintiff, a joint guarantor, by exercising the right to advance reimbursement, and thus, the Defendant should return the full amount of KRW 125,983,750 to the Plaintiff as unjust enrichment.” However, in the first instance trial, the Plaintiff withdrawn the said assertion and reduced the purport of the claim.

The primary argument about A: It is unclear whether the intervenor asserts a part of the flag (or the payment) of the stamp in this part of the allegation, while paying the intermediate payment to the stamp after making an interim report.

The remainder after deducting KRW 61,737,840, which is 50% of the advance payment already paid, was paid. The settlement agreement was made implicitly because the stamp does not raise any objection.

Therefore, the scope of the obligation to return the stamp is less than 50% of the remaining advance payment, excluding 50% of the advance payment already completed. However, the Defendant is obliged to pay the guaranteed insurance of this case.