1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. H Co., Ltd. (hereinafter “H”) was awarded a contract for the installation of four underwater pumps (four points) (hereinafter “instant construction”) among the E construction ordered by T Co., Ltd. (hereinafter “T”).

B. On January 3, 2014, the Defendant accepted the instant construction project from H, and concluded a construction contract by setting 81,987,000 won (excluding value-added tax) for the following day, which is 95% of the construction cost to be paid by T to H (5% of the amount paid by H from the ordering office is deducted and paid to the Defendant after deducting the amount paid by H from the ordering office) as the subcontract price.

C. He settled the construction cost of T and the instant construction cost at KRW 134,491,140 after the completion of the instant construction work.

Meanwhile, H paid KRW 80,293,469 on the part of the Defendant in relation to the instant construction project. Since the Defendant settled the instant construction cost against H with T, who is the ordering person, as KRW 134,491,140, the total amount to be paid to H was KRW 127,766,583 (=134,491,140 x 95%). Since the total amount to be paid to the Plaintiff (the Defendant is the Defendant in this case) was 47,473,114 (=127,76,583 - 80,293 - 80,469) and delay damages therefrom, the said judgment became final and conclusive around June 2, 2017 (hereinafter “instant preceding judgment”).

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 13 and 16 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Before the Plaintiff’s assertion, the water tank structure construction among E works was pre-determined, and the Plaintiff performed the aforementioned pre-construction work by receiving a contract from the Defendant, and suffered a lot of damages.

Accordingly, the Plaintiff and the Defendant agreed to distribute the profits of the instant construction by being awarded a contract with H.

(b).