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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
purport.
Reasons
1. On September 28, 201, the Plaintiff asserted that the construction contract was concluded between the Defendant and the Defendant for the construction of a 770,000,000 won for the construction cost of the 5 lots of ground kindergarten and a child care center (including value-added tax) from the Defendant, and the construction work was conducted accordingly.
Nevertheless, since the Defendant paid only KRW 566,00,000 among the above construction costs to the Plaintiff, it is obligated to pay the Plaintiff’s creditor, corporation, etc., the obligee of this case, with the exception of KRW 75,353,895, which received a seizure and collection order as to the claim for the construction payment of this case, as well as damages for delay.
2. According to the statement in Gap evidence No. 1, it is recognized that the construction contract was made between the plaintiff and the defendant on September 28, 201 with the construction cost of KRW 770,000,00 with respect to the instant construction work.
However, according to the purport of Gap evidence Nos. 1 and 2, and Eul's testimony and arguments, the defendant entered into a contract for construction work with Eul on October 3, 201 with Eul to contract the construction cost of KRW 1,260,000,000 for the construction work of this case. Accordingly, Eul performed the construction work of this case. The defendant paid KRW 860,00,000 to Eul according to the contract for construction work of this case and the defendant paid the remainder of the construction cost of this case with Eul [C] is disputed between the defendant and Eul [the defendant filed a lawsuit against the defendant as the Daejeon District Court 2012Ga34317, which is the Daejeon District Court 2012Ga34317, and the defendant filed an appeal against the defendant, which is the appellate court, and the defendant paid part of the amount to C on October 26, 2016, which is acknowledged as being adjusted by evidence of this case, and all of the following facts acknowledged as follows: