1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 21, 2014, the Plaintiff entered into a standard subcontract agreement on construction of reinforced concrete construction among the Incheon D D Business Facilities Construction Works with C Co., Ltd. with the actual representative director (hereinafter “Nonindicted Co., Ltd.”), whereby the construction period is from October 25, 2014 to March 31, 2015, the Plaintiff set the construction amount of KRW 600,000 (value of supply KRW 559,940,000, value of value-added tax of KRW 40,000).

B. On December 22, 2014, Nonparty Company remitted KRW 81,33,608 to the Plaintiff.

The Plaintiff remitted KRW 50,000,000 to E, and KRW 33,33,108 to F, respectively.

F. E remitted to the Defendant the full amount of money transferred from Won on the same day.

C. On December 31, 2014, the Defendant received KRW 35,000,000 from Nonparty Company and remitted KRW 35,000,000 to G, a management director of the Plaintiff. On the same day, G transferred KRW 35,00,000 to the Plaintiff.

On January 12, 2015, Nonparty Company remitted to the Plaintiff KRW 20,000,000, and KRW 20,000,00 on January 12, 2015.

On January 12, 2015, the Plaintiff respectively remitted KRW 20,000,00 to the Defendant, and KRW 20,00,000 on January 12, 2015.

E. On February 6, 2015, Nonparty Company entered into a trust agreement with Korea Trust Co., Ltd. with the first beneficiary as Korea Investment Savings Bank in relation to the instant construction project. From that time, the instant construction cost was paid by the Korea Investment Savings Bank in the manner of paying the Plaintiff and other subcontractors.

Accordingly, the Plaintiff received construction price of KRW 475,872,215 from Korea Trust Co., Ltd. on February 9, 2015; KRW 91,465,200 on March 10, 2015; KRW 116,458,100 on April 10, 2015; and KRW 475,404,810 on May 12, 2015.

E. On February 10, 2015, the Plaintiff transferred KRW 15,000,00 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 8, 9, 11, and Eul