1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts do not conflict between the parties, or each of the entries in Gap evidence 1, evidence 3-1 to 4, evidence 4-1, Gap evidence 7, evidence 8, evidence 11, evidence 11, and evidence 1, can be acknowledged after compiling the whole purport of the pleadings.

The Plaintiff operates the “C”, which is a construction machinery lessee, and the Defendant operates the “D” (the opening of March 24, 2014) as a building company.

B. From February 5, 2014, the Plaintiff: (a) from around February 5, 2014, through the name of “G”, mobilized a cuter and seal to the site of civil engineering works for the newly built site of a factory built by E and F in the name of “G” (hereinafter “instant construction works”); and (b) performed drilling work.

C. On March 25, 2014, the Defendant entered into a contract for construction works (hereinafter “instant contract for construction works”) with I, who is the ordering person of the instant construction works, with the content that the Defendant would enter into a contract with the construction cost of KRW 940,00,000 for the instant construction works, and the construction period from March 1, 2014 to April 20, 2014.

On March 25, 2014, the Plaintiff received KRW 3,000,000 from the deposit account in the name of the Plaintiff to the new bank account in the name of the Plaintiff.

2. Summary of the parties' arguments;

A. The Plaintiff entered into a service agreement with the Defendant on condition that the service price would be paid in late payment (hereinafter “instant service agreement”) with the content that the Plaintiff would be to carry out the drilling operations at the instant construction site on condition that the service price would be paid in late payment. Although the Plaintiff carried out the digging operations from February 5, 2014 to June 12, 2014, it did not receive KRW 13,429,000 from the Defendant, the Defendant is obligated to pay KRW 13,429,000 to the Plaintiff in accordance with the instant service agreement.

Even if the Defendant is not a party to the instant service contract, the Defendant lent to E and F the name of the business operator and deposit account of “D”, and let E and F move to the Defendant’s name.