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. Basic facts

A. The plaintiff completed the business registration under the trade name of "D," and I, the husband of the plaintiff, is the actual operator of the above D (hereinafter the plaintiff and I) and the defendant is the operator of the Fweb Holdings in Bupyeong-si, Bupyeong-si (hereinafter the "this case'swebing"), who is the co-defendant B and the offender of the first instance court.

B. Around July 30, 2013, the Plaintiff issued a written estimate of KRW 48,629,000 against the “FS” to some of the instant construction works (hereinafter “instant construction works”) among the interior interior interior techering works of the instantwale, and performed the instant construction from the end of July 2013 to the end of August 2013.

C. Around the time of completion of the instant construction project, the Plaintiff requested payment of the instant construction cost to B, and received KRW 10 million on August 20, 2013 from the Plaintiff’s new bank account in the name of the Plaintiff, stating that the said remittance was “the same design for a stock company,” in the remarks column of the said remittance account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Judgment on the main argument

A. The plaintiff asserts that the defendant ordered the construction of this case directly to H, the head of the construction site of this case, and I performed the construction of this case upon request from the above H around July 20, 2013. The defendant asserts that as the contractor of the construction of this case, the contractor of the construction of this case is obliged to pay 38,629,000 won and damages for delay.

In regard to this, the defendant, upon introduction by B, ordered the construction work of this case to the Dongbook Design Corporation, and paid the construction cost accordingly only, and there is no direct contract for the construction work of this case to the plaintiff or promise to pay the construction cost.

(b) judgment;