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1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.
2. After an appeal is filed.
Reasons
1. On January 7, 2015, the Plaintiff was awarded a subcontract from the Defendant for the construction cost of the machinery and fire extinguishing construction work (including value-added tax) among the new construction work (fire extinguishing work) located in the Busan Seo-gu, Busan, which was ordered by C Co., Ltd. (hereinafter “C”) for the period from January 10 to February 27, 2015.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Judgment as to the main claim
A. On January 22, 2015, the Plaintiff asserted that the Plaintiff is obligated to pay the Plaintiff the construction cost of KRW 50 million and the delay damages therefrom, as the Plaintiff entered into a subcontract with the Defendant for the installation of a water tank, pumps, and ventilation duct (hereinafter “the instant mechanical equipment installation works”) in an additional amount of KRW 50 million for the construction cost, and completed the subcontract with the Defendant around January 22, 2015, via D, the Defendant’s site manager.
As to this, the Defendant asserts to the effect that the F, not the Plaintiff, subcontracted the instant mechanical facility work to the F, not the Plaintiff (hereinafter “F”).
B. According to the statements in Gap evidence Nos. 6 through 8 (including paper numbers; hereinafter the same shall apply), although the plaintiff appears to have completed the construction of the instant machinery and equipment, the following circumstances, which may be known by the entries in Eul evidence No. 2, part of Gap evidence No. 5, and the purport of the whole pleadings, namely, ① there is no subcontract agreement made between the plaintiff and the defendant regarding the instant machinery and equipment construction, unlike the machinery and equipment construction work, ② the new construction confirmation document No. Da (Evidence No. 5) states that "the plaintiff completed the construction of the instant machinery and equipment by entrusting the defendant, F with the fire fighting and the construction of the machinery and equipment; ③ the plaintiff requested G, who is the defendant's director, to pay the price for the instant machinery and equipment construction to the plaintiff.