The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. The parties' assertion

A. The Plaintiff’s assertion 1) On October 21, 2013, upon introduction by C, the Plaintiff was awarded a contract from the Defendant for 320 million won for the structural construction of the studio Building in D’s permanent residence (hereinafter the above structural construction “instant construction”) among the construction of the studio Building in D’s permanent residence (hereinafter “instant building”).

(2) The Plaintiff completed the instant construction on March 18, 2014, but did not receive KRW 50 million out of the construction cost.

3) Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 50 million and delay damages therefor. The Defendant’s assertion 1) merely contracted the construction of the instant building to C and did not conclude a contract for the instant construction work with the Plaintiff.

2) Even if the Defendant contracted the instant construction to the Plaintiff, as the Plaintiff did not properly pay the subcontract price to the subcontractor of the instant construction, C and the Defendant were unable to comply with the Plaintiff’s request on the ground that there is no remaining amount of the Plaintiff’s construction price due to the Plaintiff’s direct payment of the subcontract price with the Plaintiff’s consent. 2. According to each of the evidence Nos. 2, 2, 3 (including the serial number), and 14-5 as to whether the contract for the instant construction was concluded between the Plaintiff and the Defendant, the Defendant purchased the site of the instant building on August 28, 2013 and completed the registration of ownership transfer. The Defendant completed the registration of ownership transfer on May 9, 2014, and the fact that some money was deposited from the account in the Defendant’s name with the Plaintiff’s account, but the fact of recognition alone is insufficient to acknowledge that the Defendant was a party to the instant construction contract with the Plaintiff, and there is no evidence to acknowledge otherwise (the testimony of each of the witnesses E and EF).