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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Requests based on a contract agreement;
A. On November 14, 201, the Plaintiff asserted that the Defendant, which was aware of Nonparty C’s introduction, received from Nonparty C the construction cost of KRW 26,792,00 of the portion of the construction cost of the construction cost of the subcontracted construction (hereinafter “instant portion”) from the Defendant “Seoul Yeongdeungpo-gu D Building interior interior interior interior interior interior interior interior interior interior interior interior (hereinafter “instant construction”)” and completed the said construction on or around the 21st of the same month. The Defendant received only KRW 12,00,000 for the down payment of the instant subcontracted construction, and did not receive the remainder payment from the Defendant. Accordingly, the Defendant is obligated to pay the Plaintiff the remainder payment of the said construction (i.e., KRW 14,792,00,000, 26,792,000, 12,000,000).
As to this, the Defendant asserted to the effect that the Plaintiff’s claim is unjustifiable, since C received a subcontract from Nonparty E, and the remainder of the household construction work was sub-subcontracted to the Plaintiff and the Defendant respectively, and the Plaintiff did not have any contractual relationship between the Plaintiff and the Defendant.
B. According to each of the statements in Gap evidence Nos. 1 through 4, the defendant remitted KRW 12,00,000 to the plaintiff on November 14, 201, and the defendant issued a tax invoice equivalent to KRW 26,785,00 (including additional tax) on the portion of the Washington construction in this case to the plaintiff on November 25, 2011.
However, the following circumstances, which are acknowledged as adding up the testimony and the entire purport of argument of the witness C in each statement in Eul evidence Nos. 1 and 2, namely, ① the plaintiff and the defendant were unaware of each other before the plaintiff performed the part of the Washington Construction; ② the plaintiff and the defendant found them as C's house to urge payment of each of their respective accrued construction costs after the Washington Construction; ③ The plaintiff and the defendant have not been paid to the plaintiff and the defendant.