The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is a company running a small resort construction business, and the Defendant is a company running a tourist accommodation business, real estate development business, etc.

B. On May 2017, the Plaintiff entered into a contract with the Defendant under which the fire-fighting corporation (hereinafter “instant fire-fighting corporation”) was awarded a contract with the Defendant during the construction of the Busan-gu Busan-gu Seoul-gu C (hereinafter “instant contract”) for the construction cost of KRW 143 million (including value added tax) and the construction period from May 1, 2017 to December 1, 2017 (hereinafter “instant contract”).

(c)

After that, the Plaintiff completed the instant fire-fighting construction, and received a total of KRW 118 million from the Defendant, including KRW 10 million on September 22, 2017, KRW 70 million on December 15, 2017, KRW 30 million on January 31, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 7, 9, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff entered into a contract on the instant fire-fighting construction with the Defendant as stated in the contract on the instant contract, and completed all the said construction thereafter, so the Defendant is obligated to pay the Plaintiff the construction cost of KRW 25 million (=143 million - 118 million), which is unpaid to the Plaintiff, and the delayed damages therefrom.

B. The contract of this case was made formally between the Plaintiff and the Defendant, and the actual party to the contract was a corporation D (hereinafter “D”) that received a contract from the Defendant, not the Defendant, for the entire construction of the said new building. The Defendant is not obligated to pay the construction cost of the fire-fighting construction of this case to the Plaintiff.

Even if the Defendant’s obligation to pay the above construction cost is recognized, the defect, such as water leakage, occurred in the part of the instant fire fighting construction, and the Defendant spent 2 million won as the repair cost. Thus, the Defendant is liable for damages in lieu of the above defect, and the said construction cost is KRW 25 million.