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. The parties' assertion

A. On February 9, 2009, the Plaintiff entered into a contract with the Defendant for a construction project with the payment of the cost of CCTV construction, water smuggling testing, and mechanical dredging construction (hereinafter “instant construction project”) of KRW 12,460,00 for the water supply and drainage works of the national rental apartment construction works in the Dasan-si B district (2,497m) and KRW 7,070,000 for the water smuggling testing (2,96,400 for the water smuggling testing (101 place), and KRW 2,400,000 for the pipe machinery dredging work on or around February 9, 2009. As such, the Defendant is obligated to pay the price of the instant construction and the damages for delay to the Plaintiff.

B. The defendant did not conclude a contract for construction with the plaintiff.

The Defendant was awarded a contract for part of the civil engineering works from Magjin Construction Co., Ltd. (hereinafter “Magjin Construction”), one of the joint drilling construction works for the construction of the national rental apartment in the YY-si, the YY-si. The Plaintiff was awarded a contract for the construction of the instant construction works again from the Geumjin Construction Co., Ltd. (hereinafter “Magjin Construction”) who was awarded a contract for the construction of the water supply and drainage facilities from another joint venture (hereinafter “Magjin Construction”) among the joint venture works. Thus, the instant construction works are irrelevant to the Defendant.

2. First of all, we examine whether the contract for the construction of this case was concluded between the Plaintiff and the Defendant.

According to the statements in Gap evidence Nos. 1 through 3 and 5 through 7 (including the number of pages), and the testimony and the whole purport of the arguments by the witness C of the trial of the party concerned, the Magjin Construction attempted to subcontract the construction of the national rental apartment of the area B in the following city B by the former North Korea Development Corporation to D (hereinafter referred to as the "D"), among which the defendant is actually responsible for the incidental civil works and the water supply and sewerage construction works, and there was no water supply and sewerage construction license in D, and there was a water supply and sewerage construction license in document from the gold business that is a joint contractor.