The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. On June 1, 2018, the Plaintiff asserted that he/she subcontracted the entire construction of this case to the Defendant upon receiving a contract for the instant construction project from Kimhae-si (hereinafter “instant construction project”). On June 30, 2018, the Plaintiff paid in advance the subcontract price of KRW 20,000,000, totaling KRW 15,000,000 on August 1, 2018.

The Defendant did not perform the instant construction work despite the Plaintiff’s demand and completed the instant construction work directly into the construction cost.

Therefore, the Plaintiff, by the instant lawsuit, cancelled the subcontract agreement for the instant construction project due to the Defendant’s nonperformance, and sought payment of KRW 20,000,000 for the subcontract price that was paid to the Defendant for restitution to its original state, and damages for delay.

2. The judgment of the defendant asserts that the construction work of this case was not subcontracted by the plaintiff and that the plaintiff and the defendant dispute the establishment of the subcontract of this case between the plaintiff and the defendant.

In light of the following facts and circumstances, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant was in the subcontractor’s status by entering into a subcontract with the Defendant for the entire construction project of this case, and there is no other evidence to acknowledge otherwise.

There is no direct evidence between the Plaintiff and the Defendant as to whether the subcontract was concluded because the subcontract agreement for the instant construction works was not prepared.

(B) On the other hand, the Plaintiff: (a) the Plaintiff entered into a subcontract agreement with the Plaintiff, the subcontractor, and the subcontractor, Co., Ltd., Ltd., in subcontracting the landscaping construction work on or around November 6, 2016, among DD projects ordered around January 2016. The Plaintiff and the Defendant are the basis and method for determining the total amount of the subcontract price or the subcontract price.