1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

The plaintiff C was awarded a contract from the defendant for the newly-built house D-gun in Gyeonggi-do. On March 18, 2016, the plaintiff C subcontracted the above construction work to the plaintiff in total in KRW 64,800,000 for the construction cost.

The plaintiff has not been paid KRW 37,000,000 among the above construction costs by C until now.

On the other hand, on March 28, 2016, the Defendant drafted a “certificate of non-performance of non-performance” (Evidence A 1) with the content that C will jointly pay the construction cost that it could not pay.

Therefore, the defendant is jointly and severally liable to pay to the plaintiff KRW 37,000,000 and damages for delay.

The defendant did not have signed the above "certificate of non-compliance" and the seal affixed to the above document was not known to the defendant, and there was no fact that the defendant written the above "certificate of non-compliance".

The defendant shall not be jointly and severally liable to pay the above construction cost to C and the plaintiff.

Judgment

In light of the above, the above "certificate of non-performance of obligation" cannot be admitted as evidence because there is no evidence to prove that the said "certificate of non-performance of obligation" was duly established, and the remaining evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant, not the contractor of the plaintiff, jointly and severally with C, paid the construction price to the plaintiff. There

Therefore, the plaintiff's above assertion is without merit.

If so, the plaintiff's claim of this case must be dismissed as it is without merit.

The judgment of the court of first instance, which differs from this conclusion, is unfair, and the plaintiff's claim is dismissed.