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

Purport of claim and appeal

The first instance court.

A. The Plaintiff’s assertion that the Plaintiff concluded a construction contract for the installation of urban gas pipes and gas boiler (hereinafter “instant contract”) with the Defendant during the construction of a new building with a size of 227 square meters per annum on the D site in Yangsan-si (hereinafter “instant building”) and completed the said construction. As such, the Defendant asserts that the Plaintiff is liable to pay the Plaintiff the construction cost of KRW 4,900,000 and the damages for delay from the day after the delivery of the copy of the instant complaint to the day of complete payment.

B. We examine the judgment, and there is no evidence to acknowledge that the Plaintiff concluded the instant contract with the Defendant, including that C represented by the Defendant regarding the instant contract. Thus, the Plaintiff’s above assertion is without merit without further review.

Rather, comprehensively taking account of the overall purport of Gap evidence Nos. 4, 6, Eul evidence Nos. 1, 2, 3, and 4 (including paper numbers) and arguments, the defendant awarded a contract to Eul for the whole new construction of the building of this case and paid the full amount of the construction price to C after the completion of the construction.

2. As such, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.