1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff, a trade name of C, was engaged in a general construction business, and was appointed as the director and the field director of D (hereinafter “D”).

B. The Defendant was the owner of the building for the extension of the first to third floor of the Daegu Dong-gu E neighborhood living facilities (hereinafter “instant extension work”).

[Ground of recognition] The facts without dispute, Gap evidence 1 through 9 (including branch numbers), Eul evidence 1 to 3, witness F's testimony, the purport of the whole pleadings

2. Assertion and determination

A. The party’s assertion that “Around January 2016, the Plaintiff issued a written estimate of construction amounting to KRW 43,000,000 to the Defendant, at the request of the Defendant for construction of elevator frame, etc. of the above neighborhood living facilities (hereinafter “elevator frame, etc.”), and entered into a construction contract with the Defendant after mutual consultation, setting the construction cost as KRW 41,80,000 (including value-added tax). The Plaintiff completed the said construction, but the Defendant did not pay KRW 41,80,000 for the construction cost.”

On the other hand, the defendant asserts that "the instant extension corporation, including the elevator frame and other construction works claimed by the plaintiff, entered into a contract with D, and there was no contract for construction with the plaintiff's individual."

B. First of all, examining whether the Plaintiff entered into a construction contract with the Defendant by setting the construction cost of KRW 41,800,000 between the Defendant and the Defendant, each of the entries in the evidence Nos. 1 through 9 alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the respective descriptions and images of evidence Nos. 1 through 19, and the purport of the entire pleadings in witness F’s testimony, the Defendant, upon the Plaintiff’s introduction, concluded a construction contract with D, setting the construction amount of KRW 770,000,000 (including value-added tax) as the cost for the instant extension work, including the elevator frame, between D and D around December 8, 2015. At the time, the Plaintiff was the head of D’s site.