도장공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On March 2015, the Defendant manufactured steel structures with Co., Ltd. (hereinafter “Nonindicted Company”) and supplied them to Nonparty Company, but entered into a contract with Nonparty Company to use the main materials supplied by Nonparty Company.
B. The Plaintiff, who runs the painting business with the trade name “D”, constructed a painting construction work (hereinafter “instant painting construction”) on materials supplied by the Defendant from March 2015 to April 8, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion of the parties and their determination
A. 1) The plaintiff's assertion 1) since the plaintiff's assertion was conducted at the defendant's request, the defendant shall pay the plaintiff the cost of painting construction. 2) The defendant's argument did not conclude a contract with the plaintiff for painting construction, and the plaintiff did the instant painting construction at the request of the non-party company, so the defendant is not obligated to pay
B. In full view of the following circumstances, which are: (a) there is no dispute between the parties, or recognized by the purport of entry into evidence Nos. 1 and 4 and the entire pleadings; (b) the instant painting construction works are deemed to be included in the terms of the contract concluded with the non-party company; (c) around March 2015, the Plaintiff requested the instant painting construction works, the Defendant’s representative of the non-party company, or requested the payment of the amount of painting construction works; and (c) the materials supplied by the non-party company were totaled 378,278km; and (d) the amount of the instant painting construction works is KRW 35,00 per kg; and (e) the Plaintiff executed the instant painting construction works at the Defendant’s request; and (e) the amount of construction works is KRW 13,239,730 (=378,278k x 35 won).
Thus, the defendant.