1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s primary assertion is that, around September 24, 2012, the Plaintiff, the representative of the C Company, concluded a construction contract with the Defendant to complete the construction cost of the water supply and tool, ceiling, and to complete the 52,095,329 out of the construction cost of the D Multi-household Housing Construction Corporation (hereinafter “instant construction”) in Gangnam-do, Gangnam-gun, Jinjin-gun (hereinafter “instant construction”). As such, the Defendant is obligated to pay the construction cost to the Plaintiff.

Preliminaryly, the Defendant and E entered into the instant new construction project as the partnership business, and the Plaintiff entered into a construction contract with E to complete the completion of the construction work in KRW 52,095,329 among the new construction works, and the Defendant, a partner, is jointly and severally liable to pay the construction cost to the Plaintiff.

2. Determination:

A. Although there is a witness F’s testimony as evidence that the Plaintiff seems to have concluded a contract for construction with the Defendant as to the primary argument, F is a spouse of the Plaintiff and is in fact an operator of the C&C, and such testimony alone is insufficient to prove the Plaintiff’s assertion.

Witness

In light of the following circumstances, evidence submitted by the Plaintiff alone is difficult to recognize that the Defendant was a party to a construction contract with the Plaintiff in light of the testimony of E, evidence Nos. 1 through 4, evidence Nos. 4, and the purport of the entire pleadings.

① While the Plaintiff acknowledges that the instant construction contract is the only transaction with the Defendant, there is no evidence to confirm the process of concluding a contract or other mutual contract relating to the instant construction contract.

② E shall carry out the instant new construction work in the form of a business partnership with the Defendant, and at the same time, E shall be responsible for the instant new construction work, such as windows, miscellaneouss, and electric utility works, and the Defendant was to take charge of electricity, telecommunications, and fire fighting works, and E shall be given testimony that the Plaintiff provided KRW 2 million with some goods related to electric utility works.

③ Written estimates (Evidence 1) asserted by the Plaintiff as the content of the construction contract shall be 19,429.