1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that the Defendant was commissioned by the Defendant to remove the interior and roof construction of the building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “instant construction”) owned by the Defendant, and completed the instant construction on November 29, 2012. The costs incurred in the instant construction are KRW 22,598,550.

However, since the Defendant paid only KRW 10,000,000 to the Plaintiff as the construction cost of this case, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of this case as KRW 12,598,550 and delay damages.

2. In light of the witness D and E’s testimony, the Plaintiff’s assertion on different premise is insufficient to acknowledge the fact that the Plaintiff requested the construction of the instant case from the Defendant, and there is no other evidence to acknowledge the fact that the Plaintiff was requested by the Defendant. Rather, in full view of the purport of the entire pleadings in Eul’s testimony, witness D’s testimony of the first instance trial, witness F and witness E of the first instance trial, and witness E of the first instance trial, the fact that the person requested the construction of the instant case from the Defendant is not the Plaintiff, and the Plaintiff’s assertion on other premise cannot be accepted without examining other points.

3. As such, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is unfair with different conclusions, so the defendant's appeal is accepted, the judgment of the court of first instance is revoked, and the plaintiff's claim