1. The plaintiff's appeal and the claim selected by this court are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company awarded a subcontract for the new construction of the Il-dong-gu D apartment from the E Co., Ltd., and Defendant C is the field manager of the Defendant Company, and the Plaintiff is a person awarded a subcontract for the part of the mold labor work among the above subcontracted works (hereinafter “instant subcontracted works”).

B. Defendant C was indicted as the High Court Branch 2012 Goyang1361, and the said judgment was finalized as it is upon conviction of eight months of imprisonment and two years of suspended execution by the said court on April 10, 2013 (hereinafter “relevant criminal case”). The summary of the criminal facts against Defendant C of the said final conviction was as follows.

(1) On May 30, 2009, Defendant C, “Defendant”, “victim,” and “victim” paid KRW 131,00,000 to the victim for the settlement of the construction cost of the subcontracted work in this case, the victim did not pay the labor cost to his/her his/her his/her his/her human body and did not pay his/her labor cost to his/her own human body. On May 30, 2009, the Defendant conspired with G, etc., in collusion with the victim, such as the victim’s desire to “culpte,” and the victim received an envelope containing KRW 131,00,000 from the victim in cash.

2. On May 30, 2009, the Defendant: (a) around 21:40 on May 30, 2009, demanded the victim, who was frighten, to prepare a written waiver of construction work regarding the subcontracted work; and (b) had the victim perform an act without any obligation.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The assertion and judgment

A. In the summary of the Plaintiff’s assertion 1-related criminal cases, KRW 131 million, which Defendant C had taken by Defendant C, at the time when the Plaintiff had to pay, the division at the site of the instant subcontracted project.