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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
The first instance court.
Reasons
1. 원고의 주장 원고는 C라는 상호로 샷시ㆍ금속 건설업을 주로 하는 건설업자로서 2015. 7. 1.경 피고로부터 ‘경기도 화성시 D에 있는’ E점에 대한 알루미늄샷시공사 등을 대금 27,000,000원에 도급받은 후 견적서를 작성하고 위 공사를 완료하였으므로, 피고는 원고에게 위 대금을 지급할 의무가 있다고 주장한다.
2. Each statement in the evidence Nos. 1 through 3 alone, which is acknowledged as a whole by taking into account the following circumstances, namely, the Defendant asserted that the Plaintiff paid part of the construction cost upon giving the contract to F, who is not the Plaintiff, and F, suspended the said construction work; the Defendant actually paid the construction cost by account transfer, etc.; the Plaintiff, other than the Defendant, filed a claim for the construction cost by asserting that the Plaintiff had received the same construction contract with F, against the Nonparty G. As such, it cannot be confirmed that the Plaintiff was contracted for the construction work from the Plaintiff; the Plaintiff’s registration procedure for ownership transfer registration with regard to the construction site was completed before the Plaintiff claimed that the construction contract was completed, and the Defendant did not seem to have had any circumstance to give the construction work in advance. In light of all the circumstances, each of the above evidence alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to support the Plaintiff’s claim without merit.
3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.
As such, the judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.