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. Basic facts

A. On December 29, 2014, the Defendant entered into a contract with the Central Contract Official of the Armed Forces with respect to electrical construction works for the improvement of high-tension electrical tracks B (hereinafter “instant electrical track improvement works”); the construction period from December 29, 2014 to October 28, 2015; the construction amount was KRW 3,260,075,200; and the construction amount was KRW 3,245,829,190 on October 28, 2015.

B. On January 6, 2015, D entered into a subcontract with the Defendant on the construction period from December 29, 2014 to November 30, 2015, with respect to the construction of cable conduits and board boards (hereinafter “the instant cable construction”) among the construction works for the improvement of the electric wires of this case (hereinafter “C”), and with respect to the construction period from December 29, 2014 to November 30, 2015, the construction amount is KRW 1,947,000 (excluding value-added tax).

At the time of the conclusion of the above subcontract, C and D have prepared a letter of commitment and a power of attorney and submitted it to the defendant.

On the other hand, the defendant designated D type E as a construction manager for the cable works of this case pursuant to Article 16 and Article 17 of the Electrical Construction Business Act and notified the ordering person thereof.

C. At the request of E, the Plaintiff performed the processing cable construction among the instant cable construction by dividing it into 1 and 2, and thereafter performed the removal construction. As to the first minute construction, a contract was made between the Plaintiff and the Defendant regarding the contract amount of KRW 99,000,000 (including value-added tax) as of June 27, 2015, and the said contract price was paid by the Defendant.

However, with respect to the secondary construction and demolition works, the construction contract between the Plaintiff and the Defendant was not prepared, and there is a letter of payment guarantee of construction expenses and a letter of confirmation of January 28, 2016, which was prepared and issued by E to the Plaintiff by E.

The contents are as follows:

- Construction cost guarantee (No. 1, 2015. Sep. 11, 2015. A evidence No. 1) - E A E A E B - Certificate No. 3) - E A B, 2016.