1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Determination as to the cause of claim

A. A. Around July 2014, between the Plaintiff and the Defendant, the gist of the Plaintiff’s assertion: (a) the Plaintiff entered into a contract under which the Plaintiff would implement the D Housing Association Model Epicing Works (hereinafter “instant construction”) and the Defendant would pay the construction cost (hereinafter “instant contract”); and (b) the Plaintiff, in accordance with the said contract, completed the construction from July 13, 2014 to July 16, 2014; (c) notwithstanding having completed the construction, the Defendant would not pay KRW 19,56,500, out of the construction cost.

Therefore, the Defendant is obligated to pay the Plaintiff the said construction cost of KRW 19,556,500 and damages for delay.

B. The fact that the Defendant entered into a contract with the D Housing Association for construction works of this case and carried out such contract is without dispute between the parties, but can be comprehensively acknowledged in light of the following facts and circumstances, the above fact of recognition and the evidence presented by the Plaintiff were entered into a contract for construction works of this case between the Plaintiff and the Defendant.

The plaintiff or the plaintiff completed the construction of this case, claiming that the defendant was the plaintiff. However, the defendant asserted that he received a supply of the construction of this case from the D Housing Association and did not recognize that the plaintiff completed the construction of this case.

There is a lack of recognition and there is no evidence to prove otherwise.

① There was no contract between the Plaintiff and the Defendant regarding the instant contract or the instant construction work.

② From July 16, 2014, the date of completion of the instant construction project claimed by the Plaintiff, objective materials were submitted to the Defendant that the Plaintiff claimed construction cost under the instant contract during the period between July 16, 2014 and December 9, 2016, for which the Plaintiff applied for the instant payment order.