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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The parties' assertion
A. The Plaintiff is seeking payment of KRW 18,300,000 for the remaining construction cost (=23,300,000 won - 5,000,000 won) since the Plaintiff received completion of the construction from the Defendant and received KRW 23,33 million of the construction cost as follows.
1) On September 7, 2015, the supply and demand of KRW 6.3 million for two housing units C and D, and received KRW 5 million among them around March 2016. 2) around March 2016, the supply and demand of KRW 7 million for the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S
3) Around 2016, the Defendant received the payment of KRW 10 million for the 2010,000 for the 30,000 square meters for the 30,000 square meters for the 15,000 square meters for the 10,000 square meters for the 300,000 square meters for the 300,000 square meters for the 300,000 square meters for the 10,000 square meters for the construction
The Defendant did not have subcontracted the construction work above 3) to the Plaintiff, and the Plaintiff was directly awarded a contract from the principal contractor, the H&C Co., Ltd. The Defendant’s payment of the construction cost to the Plaintiff is only KRW 5.3 million for the construction work.
2. Determination as to the cause of action
A. It is insufficient to recognize that the Plaintiff received construction cost of KRW 10 million from the Defendant, only with Gap 2, 3, 5, and 6, and there is no other evidence to acknowledge that the Plaintiff received construction cost of KRW 30 million from the Defendant. Rather, in full view of the purport of the argument in Gap 6 and Eul 1, the Defendant was awarded a contract for construction cost of KRW 300,000,000 from the sub-industry industry on July 30, 2015, and “the fence construction” is classified as “the separate fence construction” under a written estimate, and it can be recognized that the fence construction cost was not included in the construction cost. Therefore, it is difficult to deem that the Defendant subcontracted the Plaintiff the unpaid construction cost of KRW 1,30,000,000 [i] total construction cost of KRW 6,300,000,000 (=6,730,000 won or KRW 35,50,000).