1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Defendant contracted the remodeling construction of the Yeongdeungpo-gu Seoul Metropolitan Government D Ground Building (hereinafter “renovation construction”) from C, and subcontracted it to E on October 10, 2018.

B. On October 18, 2018, the Plaintiff was entrusted with the outer wall construction from E during remodeling and was additionally entrusted by the Defendant with the installation of stairs and corridor construction. From November 2, 2018 to November 9, 2018, the Plaintiff completed the installation of outer walls, stairs and corridor construction among remodeling construction from November 2, 2018.

(hereinafter “instant construction project”). C.

On the other hand, the Plaintiff received KRW 6,000,000 from C on November 2, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 and 4, video, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion was subcontracted out of the construction of this case from the original E, but the plaintiff did not go to the construction site due to the dispute with the defendant, and the defendant ordered the construction of this case. Thus, the defendant is obligated to pay the plaintiff the payment of the construction cost of this case (i.e., the stairs and corridor construction cost of KRW 12,100,000 and KRW 2,596,000, and KRW 6,000,000 for the payment of the construction cost of this case (i.e., the payment of the construction cost of the outer wall construction cost of KRW 12,10,00,000) and the delay damages for this.

B. Determination 1: (a) the following circumstances are revealed by comprehensively taking account of the aforementioned evidence and evidence Nos. 6 and the purport of the entire pleadings; (b) the Defendant appears to have directly directed the Plaintiff with respect to the instant construction work as the contractor or the site manager of the remodelling project; and (c) the Plaintiff on Nov. 1, 2018, which was before the commencement of the instant construction project, requested the cooperation of the Defendant with respect to the shortage of additional materials for the outer wall construction.