공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. The parties' assertion
A. On March 2017, the Plaintiff entered into a contract for large-scale repair construction (the content of construction: facility installation, waterproof construction, and aesthetic construction) with the Defendant, introduced through C, around April 3, 2017, as to the third floor of the building on the D ground (hereinafter “instant building”) of the Sin Interest City, with the construction cost of KRW 41.8 million and the construction period from April 3, 2017 to April 17, 2017.
The Plaintiff started construction work from April 4, 2017 to proceed with construction work, but the construction work was suspended due to the Defendant’s failure to pay the construction cost.
Therefore, the defendant is obligated to pay 14.2 million won to the plaintiff for the construction work.
B. The Defendant did not request the Plaintiff to construct the instant building or concluded a construction contract with the Plaintiff (the Plaintiff does not know the Plaintiff), and only requested C to directly perform the construction work and commission C to play the role of the site manager.
2. Determination
A. First, we examine whether the Defendant concluded a construction contract on the instant building with the Plaintiff.
The following facts and circumstances acknowledged by the purport of Gap evidence Nos. 1, 3, 5, 7, 9, and 10 (including paper numbers) and the entire arguments, namely, the defendant and Eul own 1/2 shares of the building of this case and its site. The defendant, around March 6, 2017, requested F to perform construction works for substantial repair of the building of this case at KRW 75 million, and the construction was suspended. The defendant requested C to suspend the construction of the building of this case. Accordingly, Eul requested C to perform the construction work for the acquisition of the construction of the building of this case by the plaintiff, and the plaintiff requested C to perform part of the construction works for the building of this case from April 4, 2017 to April 6, 2017; the plaintiff and the defendant did not know the plaintiff and the defendant; however, the plaintiff asserted that the construction cost of this case was not known until April 28, 2017.