1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. In the judgment of the court of first instance, the plaintiff claimed payment of KRW 2,00,00 and KRW 12,230,000 in the acquisition amount at the court of first instance, the court of first instance accepted the claim and dismissed the claim for the payment of the construction amount.

Since only the plaintiff appealed, only the above part of the claim for construction cost is subject to the judgment of this court.

2. The parties' assertion

A. The Plaintiff is the Defendant and the Defendant, and the “C hotel remodeling Corporation” in the Seoul Northern-gu B, Gangnam-gu, Seoul.

In relation to the construction cost, 12,230,000 additional construction cost is less than 'the additional construction cost'.

After concluding a contract with the Plaintiff to perform the said construction work, the said construction work was completed.

Therefore, the defendant is obligated to pay 12,230,000 won to the plaintiff for additional construction work.

B. The Defendant merely awarded a subcontract to a prop construction company, and did not conclude a contract for the said construction with the Plaintiff. Thus, the Plaintiff’s claim of this case is unreasonable.

3. It is insufficient to acknowledge that the Plaintiff and the Defendant entered into the Plaintiff’s assertion contract with respect to the instant Additional Works solely on the basis of the written statements as well as evidence Nos. 1, 6, and 9, and witness D’s testimony. There is no other evidence to prove otherwise.

Rather, according to the evidence Nos. 3 through 5 and evidence Nos. 1, 4, and 8, the defendant contracted the instant construction from E and two others and subcontracted the instant construction amount to KRW 133,617,00 to a prop Construction Co., Ltd., a prop Construction Co., Ltd., a prop Construction Co., Ltd., a sub-subcontracting part of the said construction to the plaintiff, and a prop Construction Co., Ltd. completed all of the instant construction including sub-subcontract subcontracted construction parts to the plaintiff. In the above facts of recognition, the defendant excluded a prop Construction Co., Ltd., a subcontractor for the instant additional construction and excluded it from the sub-subcontract.