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

Purport of claim and appeal

The first instance court.

A. The Defendant is a corporation that operates food-raising business under the trade name of “C,” and D and E were joint representative directors from May 15, 2014 to March 3, 2015. From March 16, 2015 to March 16, 2015, D are representative directors.

B. Since before the establishment of the Defendant, E had been operating the F Company as the representative director of F Company F (hereinafter “F”) with the purpose of interior fisheries, construction business, etc.

C. At the time of establishment, the Defendant performed the interior construction to open a restaurant, and the overall affairs, such as the selection of the proprietor of the interior construction, were E.

The Plaintiff received an order from E to complete the color construction work of the C cafeteria (hereinafter “instant color construction”) and completed it. On January 13, 2015, the Plaintiff received 5.5 million won from the F Company out of the construction price.

[Ground of recognition] Facts without dispute, Gap evidence 2, 9, Eul evidence 1 and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that since the defendant performed the color construction of this case by being awarded a contract from the defendant, the defendant shall pay the unpaid construction cost, even if the contract between the plaintiff and the defendant is not acknowledged, the defendant shall return it as unjust enrichment since the plaintiff obtained profit equivalent to the unpaid construction cost due to the performance of the color construction work between the plaintiff and the defendant, and that since the plaintiff, who is the merchant, has been performing the color construction work for the defendant within the scope of the plaintiff's business scope, the defendant shall be paid reasonable remuneration. Accordingly, the defendant merely gave a contract for the cafeteria, but did not directly give a contract to the plaintiff, and the plaintiff cannot seek unjust enrichment or reasonable remuneration in relation to the third party, if the plaintiff performed the color construction work of this case by being awarded a contract from the F company.

B. The contractor of the instant painting work is the contractor.