1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From May 2014, the Defendant, under the name of the wife C, built the first floor house on the D ground of the racing-si. On December 30, 2014, the Defendant completed the registration of ownership preservation in C’s name on the said house.

B. From September 13, 2014 to October 2014, the Plaintiff continued to carry out funeral construction works in relation to the said housing construction.

C. The Defendant remitted each of the KRW 6 million from the account under C’s name to the account under the Plaintiff’s name for the payment of construction expenses to the account under the Plaintiff’s name on September 20, 2014, KRW 2 million on October 11, 2014, and KRW 5 million on October 29, 2014.

(However, the plaintiff is a person who has received KRW 18 million from the defendant, including the money so remitted and the money directly received from the person employed by him as a contract price). / [Grounds for recognition] without dispute, Gap 3 and 7 evidence (including each number; hereinafter the same shall apply), Eul evidence Nos. 8, and the purport of the whole pleadings.

2. The parties' assertion

A. On the premise of a contract for construction or direct payment agreement that was directly concluded with the Defendant, the Plaintiff completed the construction of the US and the toilet construction during the said housing construction.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 8,749,00 (i.e., the 17,600,000 for toilet construction cost of KRW 7,630,00 for the additional materials cost of KRW 1,519,00 for the toilet construction cost of KRW 17,60,000 for the Plaintiff’s payment of KRW 18,00 for the price already received by the Plaintiff) and delay

B. The defendant did not conclude a direct construction contract with the plaintiff with respect to the above housing construction project, nor agreed to pay the construction price directly to the plaintiff.

However, the Plaintiff contracted the entire housing construction work to E, and only remitted the relevant construction cost to the Plaintiff upon request, etc.

In addition, the defendant has not paid the total construction cost of KRW 280,000 with respect to the housing construction project.

3. Determination Doctrines, Gap evidence 1, 2, 5 to 10, and Eul evidence 1 to 9.