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. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a personal business operator who performs funeral works, such as film and film, in the name of “B,” and around 2015, upon receiving an order from the Defendant to complete the construction work by placing an order from the Defendant for film and painting, etc. (hereinafter “instant construction”) among the new construction works for a model hybrid, and determined construction cost of KRW 52.6 million through settlement with Nonparty E and Nonparty F, a field manager, who is the Defendant’s field manager, but was paid KRW 35 million by the Defendant and was not paid KRW 17.6 million. As such, the Defendant asserted that the Plaintiff is liable to pay the above amount and delay damages to the Plaintiff.

B. According to the reasoning of the argument in each of the statements in Evidence Nos. 1, 1, 1, 2, and 4-1, 2, and 4-2 of the evidence Nos. 4-1, 2, and 4-2 of the Plaintiff’s completion of construction work, it may be acknowledged that the Defendant’s on-site manager F signed the above quotation on November 10, 2015, after the Plaintiff completed construction work. However, according to the evidence, the Plaintiff and the Defendant ordered construction work of this case through the competitive bid with H operating “G”. The Plaintiff and the Defendant agreed to re-subcontract the film construction work of this case among the construction works ordered to H, but H is deemed to have been subcontracted to H, 26 million won (which is equivalent to KRW 12,508, 406, KRW 90, KRW 900, KRW 100, KRW 900, KRW 2600, KRW 90, KRW 106, which is deemed to have been submitted by the Plaintiff’s on the completion of construction work.