1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. A. Around September 2016, the Plaintiff received a demand from C to construct a new building that the Defendant is the owner of the building (hereinafter “instant construction”). Accordingly, the Plaintiff and the Plaintiff mobilized for the implementation of the unclaimed construction at the said construction site.

B. During the period from October 31, 2016 to January 26, 2017, the Plaintiff received KRW 6.5 million in total from the Defendant in relation to the unclaimed construction works performed by the Plaintiff, etc. three times.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 5, testimony of the witness of the first instance court C, the purport of whole pleadings

2. Judgment on the plaintiff's primary argument

A. The Plaintiff was awarded a contract with the head of the site office of the instant construction, who is employed by the Plaintiff’s assertion to the Defendant, and the amount of the construction works performed by the Plaintiff pursuant to the said contract is KRW 15,225,00,000 in total. Since the Plaintiff received KRW 6,50,000 from the Defendant, the Defendant is liable to pay the remainder of the construction cost of KRW 8,725,00 and delay damages.

B. As seen earlier, the fact that the Plaintiff received a request from C for the implementation of the unclaimed construction among the instant construction works, and thereafter received part of the construction cost from the Defendant with respect to the aforementioned unclaimed construction works.

However, it is difficult to believe that C entered into a contract for the work of this case with the Plaintiff in the qualification of the Defendant’s agent or the site manager in relation to the instant work, and there is no other evidence to acknowledge it, in light of the testimony of the witness C at the first instance trial and the statement of the evidence No. 1, stating that C will contract the instant work to C, and there is no other evidence to acknowledge it.

Rather, according to the testimony of the witness C of the first instance trial and the statement of the evidence No. 1, the Defendant contracted the instant construction to C, and C, the contractor of the instant construction.