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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The parties' assertion
A. The Plaintiff provided services from July 31, 2017 to September 27, 2017 to the “E Corporation” (hereinafter “instant Corporation”) that was partially carried out by the Defendant through Nonparty D, who served as the Defendant’s auditor.
The Defendant shall pay to the Plaintiff the unpaid amount of KRW 4,00,000,000,000 for the agreed service cost of KRW 20,000,00 for the above service.
(B) The plaintiff asserts the plaintiff's assertion in light of the period of transaction and the agreed amount, etc., by mixing the service cost or the wage premised on the service contract with the premise of the service contract with regard to the nature of the above money.
Defendant did not conclude any contract with the Plaintiff, and there is no fact that the Plaintiff provided services or labor in the instant construction work.
D was dismissed from the Defendant’s audit on March 23, 2018. Before the above dismissal, it concluded various construction contracts or labor contracts under the name of the third party and the Defendant without the Defendant’s consent, and the Defendant filed a complaint against D by means of forging private documents.
On the other hand, the defendant remitted the above KRW 16,000,000 to F, not the plaintiff, who was paid to the plaintiff.
Therefore, it is unreasonable for F to seek payment of the above money to the defendant in addition to seeking payment of the above service price or wages against D by F.
Furthermore, the above amount of the Plaintiff’s assertion cannot be recognized.
2. Determination
A. The following facts and circumstances may be acknowledged in light of each of the following facts and the overall purport of Gap evidence or video and pleading evidence (including numbers with various numbers; hereinafter the same shall apply) under no dispute between the parties, or the whole purport of Gap evidence Nos. 1, 2, 3, 12, 13, 16, 18, and Eul evidence Nos. 2, 3, 5, 6, 8, 12:
1. The Defendant was awarded a subcontract for the instant construction works from G, and the Plaintiff is providing services related to the instant construction works from July 31, 2017 to September 27, 2017.