1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The Plaintiff’s assertion was subcontracted to C Co., Ltd. (hereinafter “C”) with the construction of the “D” film theater’s interior work, and around May 2018, the Defendant was awarded a subcontract to the Defendant for the construction of the second floor corridor finish work (hereinafter “the construction of this case”).

Since the Plaintiff completed the instant construction work around August 2018, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 23 million.

2. The Defendant asserts that the instant construction was originally included in the scope of the subcontracted construction work by the Defendant to C, but did not dispute the fact that the Plaintiff had a claim for construction cost, and thus, he did not re-subcontract the instant construction work to the Plaintiff. As such, whether the Defendant re-subcontracts the instant construction work to the Plaintiff (the Plaintiff appears to mean re-subcontract, although the Plaintiff expressed the subcontract,). There is no evidence to prove that the Defendant instructed or requested the Plaintiff to undertake the instant construction work, and it is difficult to acknowledge the re-subcontracts as indicated in the evidence Nos. 1, 4, and 5.

Meanwhile, according to the evidence No. 2 (the same as evidence No. 3) of the Plaintiff, on February 28, 2019, C’s on-site director prepared a confirmation letter stating that “The instant construction work, which is the first Defendant’s construction work, was executed by the Plaintiff, and the Defendant had the Defendant paid the Plaintiff the instant construction work directly.” However, it is unclear that the content of the confirmation is that the Defendant re-subcontracted the instant construction work to the Plaintiff, and it is unclear whether the Defendant re-subcontracted the instant construction work to the Plaintiff, and “the Plaintiff deleted the instant construction work within the scope of the construction work that the Plaintiff received from the Plaintiff, without any procedure for adding the instant construction to the construction work that the Plaintiff received from the Plaintiff, and paid the construction cost including the part of the instant construction work to the Defendant.