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. Basic facts

A. The Plaintiff is an individual entrepreneur who engages in human resources supply business at the construction site, etc. under the trade name of “C”, and the Defendant is a corporation that engages in steel reinforced concrete construction business, construction business, etc.

B. From August 24, 2015 to February 23, 2016, the Defendant concluded a contract with D for reinforced concrete construction works (hereinafter “instant construction works”) among the E-factory construction works conducted from August 24, 2015 to February 23, 2016, and concluded a construction agreement with F to perform the said construction works between F and F on August 24, 2015.

C. The Plaintiff supplied human resources at the construction site of this case, and received the human resources supply cost of KRW 1760,000,000 from the Defendant on January 23, 2016, and KRW 5 million on May 18, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. Upon receiving the Defendant’s request, the Plaintiff supplied the instant human resources at the construction site, and the Defendant asserts that, up to now, the Plaintiff is obligated to pay the amount of KRW 5,785,000 as the human resources supply cost was unpaid.

The defendant asserts that the plaintiff entered into a human resources supply contract with F who is not the defendant, and the defendant is irrelevant to the above human resources supply contract, so the plaintiff's claim for payment cannot be accepted.

B. The following circumstances revealed in full view of the aforementioned evidence and the purport of the entire pleadings as to the testimony of the witness F of the trial, namely, the Defendant: (i) the Defendant entered into a contract under its name if the F did not have a business registration certificate; and (ii) the Defendant asserts that the F would have paid the price to the contracting party upon the F’s request for payment (see, e.g., the reply of June 9, 2017); (ii) the Defendant entered into a construction agreement with F and carried out the instant construction; (iii) paid the payment for the completed portion in accordance with the payment plan submitted by F; and (iii) the Plaintiff paid the construction cost directly to the Plaintiff; and