1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. The parties' assertion

A. Since the construction has been completed by receiving a request for landscaping construction from the Defendant, the Defendant is obligated to pay the Plaintiff the money stated in the claim.

B. The landscaping construction contract was awarded to Defendant B, and the tax invoice was issued by B lending the Plaintiff’s name. Thus, the Plaintiff is not a party to the contract.

2. Facts of recognition;

A. The Plaintiff completed the landscaping work as listed below.

C remaining-typed materials C,39,000 won around September 2013, 2013, around September 2013, 2013, KRW 34,746,00 in total, around October 2013, 420 won around D 671,00 won around September 2013.

B. In relation to the above table 1, the Plaintiff issued the tax invoice as of September 30, 2013 in relation to the Defendant, and the tax invoice as of October 1, 2013 in relation to the No. 3, and the tax invoice as of October 29, 2013 in relation to the No. 4, respectively.

C. The Plaintiff received KRW 10,00,000 from the Defendant on November 14, 2013, and KRW 8,000,000 from the account transfer on November 18, 2013, and received KRW 671,000 from the Defendant on November 18, 2013.

B A registered a business under the name of East E (F), and issued and delivered a tax invoice to the Defendant on May 31, 201, and thereafter registered a business under the name of B (F) and issued a tax invoice to the Defendant on May 31, 201.

[Ground of recognition] Gap evidence Nos. 1 through 5, 7, Eul evidence No. 4-1, 4, and 5, and the purport of the whole pleadings

3. Determination

A. Inasmuch as the Plaintiff issued a tax invoice to the Defendant and received KRW 18 million by account transfer from the Defendant, it is deemed that the contractor of the landscaping project received the landscaping project indicated in the above table.

B. The Defendant paid the remaining construction cost of KRW 16,075,00 (the construction cost of KRW 34,746,000-18,000-671,00).

C. After the completion date of construction with respect to KRW 16,075,00 for the Plaintiff, the Defendant filed a lawsuit on December 1, 2013, which was the delivery date of a copy of the instant complaint from December 1, 2015, which was sought by the Plaintiff.