1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

1. Basic facts

A. On March 22, 2011, the Plaintiff, who is engaged in parts processing and mechanical manufacturing operations with the name of “F,” was awarded a subcontract for the instant construction works among Section 4 Section for the New Street A1, P5, ridge A1, and A2 (hereinafter “instant construction works”) from the Hani Construction Co., Ltd. (hereinafter “original Construction”) by lending the Defendant’s name, and completed the instant construction works around October 201.

B. The Plaintiff leased construction machinery owned by the Defendant to the instant construction work in KRW 66,00,00,000, and agreed between the Defendant and the Defendant to bear corporate tax of KRW 14,827,500 and value-added tax of KRW 29,65,00 in relation to the instant construction work.

C. Prior to the filing of the lawsuit in this case, Won Construction included KRW 326,205,50,000 in total as the construction cost of this case to the Defendant, a contractor under the name of the Corporation prior to the filing of the lawsuit in this case, or KRW 11,700,00 in the title of the contract amount for damage settlement to C, and KRW 9,00,000 in the industrial accident settlement expenses for D, as examined below, each of the above amounts included KRW 11,70,00 in the title of the contract amount for damage settlement of accident to C, and thus, the amount that the Defendant received as the construction cost from Won Construction is KRW 305,505,00 (=326,205,005,00-11,70,000-9,000 in the title of the contract amount of this case).

D. D.

The Plaintiff maintained construction machinery, etc. owned by the Defendant in total of KRW 15,884,00,000. Accordingly, the Plaintiff claimed repair costs equivalent to KRW 9,196,00 on October 25, 201, and repair costs equivalent to KRW 6,68,00 on November 30, 201.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, 5, 6, 7, Gap evidence 4-1 through 10, Eul evidence 6, 8-10, Eul evidence 10, 2, 3, 6 through 12, 18, 19, 20, 4-1 through 9, Eul evidence 14-1 through 6, Eul evidence 15-1, 2, 3, 17, 17, 22-1, 22-1, and 2 of evidence, Eul evidence 15-1, 15-2, 3, Eul evidence 17, 22-1, and 4-2, testimony of witness G of the trial court, the purport of whole pleadings

2. The cost of construction;