1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 14,900,000, and delay damages for the construction cost of KRW 52,290,000, as well as the remainder of the construction cost of KRW 37,390,000, in spite of the fact that the Plaintiff did not directly enter into a contract with C with the Defendant, and entered into a contract with the Defendant on November 2013, with respect to the equipment incidental to the equipment and equipment and the Shari-gu D (hereinafter “instant construction”).

B. The summary of the defendant's assertion is that the defendant merely entered into an employment contract with C to manage the construction site on a daily basis with regard to the instant construction work, and the person who entered into a contract with the plaintiff with respect to the instant construction work is not the defendant but C, so the defendant is not obligated to pay the construction price to the plaintiff

2. In full view of the following facts and circumstances acknowledged by Gap's evidence Nos. 1 through 3, 5, Eul evidence Nos. 25, Eul evidence Nos. 25, and Eul's testimony and arguments as to the cause of the claim, the defendant directly concluded a construction contract with the plaintiff as to the construction work of this case. Since it is recognized that the plaintiff performed construction work equivalent to KRW 52,290,000 according to the above construction contract, the defendant is obligated to pay the plaintiff the remaining construction cost of KRW 37,390,000 for the person who was paid the plaintiff at KRW 52,290,000 and delay damages for the construction work.

① The witness C of the trial court agreed that the Defendant will receive only personnel expenses and work for the Defendant, and that the Defendant will be entrusted with the instant health care and the construction cost shall be paid to the Defendant by the said C. The Defendant entered into a contract with the Plaintiff regarding the instant construction work, and the Defendant entered into the instant construction work.