공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On April 27, 2016, the Plaintiff asserted that, upon the Defendant’s request, the Plaintiff spent KRW 4,090,000 as wages in the course of Ansan-si C’s unclaimed construction, the Plaintiff did not receive the construction payment from the Defendant.
On this issue, the defendant asserts that there was no contract for construction with the plaintiff.
2. It is not sufficient to acknowledge that the construction contract was concluded between the Plaintiff and the Defendant with respect to the unclaimed construction portion in the C site solely on the basis of the records in Gap's 1, Gap's 3, 4, and 5, and there is no other evidence to acknowledge otherwise.
Rather, according to the statement in Eul evidence No. 2, around October 10, 2016, the plaintiff prepared and executed a written confirmation to the defendant that "the plaintiff was requested from D (E) to perform the 6,900,000 won, including the equipment cost and personnel expenses, and thus, the defendant did not receive the above 6,90,000 won from D (E)."
Therefore, the plaintiff's assertion is without merit.
3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.
The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.