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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. Around July 23, 2013, the Defendant drafted a contract agreement between D and D, a construction business agent of “B”, and the Defendant’s F factory extension work of the Defendant in Cheongyang-gun E (hereinafter “instant construction work”) to C, setting the construction cost of KRW 184 million and the construction period of KRW 184 million from July 23, 2013 to August 15, 2013.
B. When the Plaintiff operates a restaurant with the trade name “H” in Chungcheong-gun G, Chungcheongnam-gun, Cheongyang-gun, the Plaintiff supplied meals to the people at the construction site of this case from July 24, 2013 to October 15, 2013. Of which the total meal costs from July 24, 2013 to August 9, 2013, the total meal costs of KRW 1980,000, and the total meal costs from August 10, 2013 to August 26, 2013 are KRW 1983,00,000, and the total meal costs from August 27, 2013 to September 10, 2013 to KRW 30,00,000,000 from August 27, 2013; and the total meal costs from September 16, 2013 to KRW 30,013.
C. On August 20, 2013, the Defendant deposited KRW 9,000,00 in the Plaintiff’s account, KRW 3,000,00 on September 10, 2013, KRW 3,000 on September 19, 2013, KRW 6,000 on September 17, 2013, and KRW 2137,00 on October 4, 2013, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11 through 14, Eul evidence 1-1 and 2, the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. The Plaintiff’s assertion (1) The Defendant is obligated to pay the Plaintiff the meal cost for the instant construction site workers on the following grounds. Thus, the Plaintiff should pay KRW 226,00,00 to the Plaintiff from September 27, 2013 to October 15, 2013.
① The Defendant, only formally entered into a contract with B on the instant construction work, and actually executes it directly, agreed to pay the Plaintiff the meal cost for the instant construction site workers. The Defendant also agreed to pay the Plaintiff the meal cost.