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 a trade name in metal wholesale business of building materials, and C is a corporation engaged in building, engineering work, etc.

B. On August 25, 2015, the Defendant awarded a contract to C for the construction cost, KRW 464,00,000 to the Cheongdo-gun G (hereinafter “instant site”) on the ground, office building, and new construction of housing (date of commencement on September 1, 2015, and July 30, 2016).

C. On March 28, 2016, the Plaintiff entered into a subcontract for the panel construction among the above construction works (as of March 10, 2016 and April 25, 2016), with the subcontract for the relevant construction work (as of March 10, 2016 and the scheduled completion date).

C On June 7, 2016, the Defendant requested the Defendant to prepare a written confirmation of payment of the construction cost to the Plaintiff. On the same day, the Defendant prepared a written confirmation of payment of the construction cost (hereinafter referred to as “instant confirmation”) with the content that “the employer or the owner of the building will pay KRW 58,500,000 for the construction cost of the board as the owner of the building,” and the instant confirmation was transferred to the Plaintiff via C.

C paid 40,000,000 won to the Plaintiff on August 30, 2016, out of the construction cost of the board.

E. Around August 2016, the Plaintiff returned the original copy of the instant confirmation to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including serial numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, since the confirmation of this case is specified as "the cost of construction in the board" as the content of the obligation, the defendant is the plaintiff who is the party to the payment of the confirmation of this case, and the final addressee of the confirmation of this case seems to have been aware that he was the plaintiff, it is reasonable to view that the owner or the client guaranteed the payment of the construction cost of this case that C subcontracted to the plaintiff

Thus, barring any special circumstance, the defendant does not present this case to the plaintiff.