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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
Reasons
1. Basic facts
A. A. Around July 27, 2011, the Defendant entered into a contract with D Co., Ltd. (hereinafter “D”) under the direct jurisdiction of the Republic of Korea or a region under the direct jurisdiction of the Navy with D to collectively subcontract “10-J unit facility modernization construction works (hereinafter “instant construction works”) to D.” On or before December 12, 201, the Plaintiff received a sub-subcontract of KRW 210,10,000 for metal structure, windows, glass construction works among the instant construction works, and received a payment for the construction work from D on or around March 15, 2012.
B. From April 10, 2012 to August 30, 2012, the Plaintiff performed the construction of the instant construction project, such as roof home lines, metal structure, windows, glass construction, automatic text, etc. (hereinafter “instant additional construction”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 5 (including paper numbers; hereinafter the same shall apply), Gap witness E's testimony and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The plaintiff asserts that since the plaintiff received a direct subcontract from the defendant, the defendant is obligated to pay the plaintiff the additional construction cost of KRW 18,700,000 and delay damages therefor. 2) The defendant provided a blanket subcontract for the construction of this case to D, and the additional construction of this case was merely awarded a sub-subcontract from D, and thus there is no contract relationship between the plaintiff and the defendant. Thus, the plaintiff's claim is unjust.
B. In full view of the above evidence and the statements in Gap evidence Nos. 3, 7, 8, and Eul evidence Nos. 3 and 7, the judgment of the court of this case is examined, the plaintiff's representative F, G, D's representative director H, and the defendant's chief of public service.