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.

Basic facts, around May 2013, the Defendant requested C to build a stable on the land in Hagu-gun, Hagu-nam (hereinafter “instant construction”).

C while continuing the instant construction, the construction was suspended on June 2013, and the Plaintiff continued the said construction and completed the construction on September 4, 2013.

[Ground of recognition] A without dispute, the witness C’s testimony, the parties’ assertion to the purport of the whole pleadings, and the parties’ assertion as to the determination thereof, the Plaintiff filed a request with the Plaintiff for the completion of the instant construction work that the Defendant had been going to pay the Plaintiff the construction cost, and completed the instant construction work. As such, the Defendant is obliged to pay the Plaintiff the remainder of KRW 45,00,000, which the Plaintiff received from C among KRW 72,956,860 of the construction cost of the instant case, and delay damages therefrom.

The Defendant entered into a contract with the Defendant on the instant construction project and requested construction work, and the Plaintiff, without any direct contractual relationship with the Defendant, continued the instant construction project pursuant to the agreement with C, and thus, the Defendant did not have any obligation to pay the construction cost to the Plaintiff.

Judgment

The evidence that the Defendant agreed to request the completion of the instant construction work and pay the construction cost to the Plaintiff is consistent with the Plaintiff’s assertion, there is evidence No. 4-1 to No. 4, and No. 13-1 to No. 3, and testimony of witness E at the trial.

However, each entry of the evidence Nos. 4-1 through 4 (each witness statement) and evidence Nos. 13-1 through 3 (each written confirmation) is as follows: ① F, G, H, I, E, and J are both the Plaintiff’s employees or workers who work together with the Plaintiff, ② the above documents appears to have been written by the method in which each originator’s personal information is stated in the documents containing the same contents and affixed his seal impression; ③ E, the author of the evidence No. 13 (written confirmation).