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. Facts of recognition;

A. A. Around August 2012, the Plaintiff was constructing a studio on the ground B of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and granted the power to represent the said new construction work to C, who is his wife, and C, as a field manager at the construction site, performed the construction work on behalf of the Plaintiff.

B. On August 2012, C requested D to purchase and install a window by deciding to install a window at the studio above patrolmen.

D confirmed the necessary volume of windows at the construction site at the above site and requested that the Defendant, who is engaged in the manufacturing business, ordered the production of the windows to be installed by D at the above construction site, pay for the cost of the windows and issue tax invoices to the Defendant and the Plaintiff, who is the owner of the building.

C. On August 14, 2012, the Plaintiff remitted the amount of KRW 4,626,00 to the Defendant according to the above order, and the Defendant issued a tax invoice on the supply of the said title to the Plaintiff on August 31, 2012.

After completing the original production in accordance with the above order, the Defendant delivered all of them to D from October 2012 to October 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10 (including each number in the case of provisional evidence), Eul evidence Nos. 1 to 4, Eul's testimony and the purport of the whole pleadings

2. The plaintiff asserts that since the defendant entered into a contract for the supply of assistance with the plaintiff and received the payment of assistance from the plaintiff and did not deliver assistance to the plaintiff, the plaintiff should return the assistance amount already received to the plaintiff as unjust enrichment. Accordingly, the defendant asserts to the effect that he fulfilled the defendant's obligation under the supply of assistance by delivering the assistance amount to D.

As the plaintiff's assertion was cancelled by the defendant's default of obligation, the defendant is obligated to return the cost of assistance to the defendant.

According to the above facts of recognition, C, a representative of the plaintiff, is the plaintiff to D.