1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for addition of the judgment under the following paragraph 2.

2. The defendant asserts that "the plaintiff agreed to pay the construction price of this case to the defendant" in the first instance court, but the first instance court rejected its argument on the grounds of detailed reasoning (see, e.g., Chapters 4 and 5, and 7, of the judgment of the first instance court). In the first instance trial, " Even if the construction contract of this case was concluded between the plaintiff and D, since the plaintiff was entered into a contract for a third party whose beneficiary is the defendant by directly paying the construction price to the defendant, the defendant may claim the construction price directly against the plaintiff as a beneficiary."

The main purport of the above assertion that the contract for the third party was concluded is not significantly different from the allegations rejected in the first instance trial, but it is insufficient to recognize that the evidence submitted by the plaintiff alone was concluded for the third party whose beneficiary is the defendant, and there is no other evidence to acknowledge it otherwise.

Rather, according to the evidence submitted, the plaintiff is found to be in conflict with the defendant's above assertion, such as the fact that he received D's request and paid the construction cost to the construction company designated by D.

3. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.

The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is without merit.