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.

Basic Facts

On July 7, 201, Co., Ltd. (hereinafter referred to as “C”) entered into a construction contract (hereinafter referred to as “instant construction contract”) with respect to the construction work of newly constructing the above clan neighborhood living facilities on the ground of Gyeonggi-gun E (hereinafter referred to as “instant construction work”) between the Defendant and D class D class D (hereinafter referred to as “D class E”), and the construction cost was changed to KRW 400,000,000 by agreement until October 30, 201, and the construction period was extended to KRW 330,000.

On July 14, 201, F, the representative director of C, did not notify the owner D type D or the Defendant, and entered into a blanket subcontract with the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) on July 14, 201, with the agreement of KRW 280,000,000 for the instant construction work. After reflecting the said additional construction work portion, F, the total construction cost of KRW 50,000,000, was changed to KRW 330,000.

Plaintiff

As the husband of H, the representative director of the company, actually operated the Plaintiff Company, at the construction site of this case, I was in charge of the overall construction work, such as the purchase of materials necessary for the instant construction, the selection of subordinate companies by each process, the execution of construction, and the payment of the cost. During the process of the construction of this case, the Defendant was aware of I as the site director of C.

With respect to the instant construction contract, the Defendant remitted total of KRW 290,000,000 to the G account as the price for construction on July 1, 2011, 201, KRW 30,000,000 on August 12, 2011, KRW 70,000,000 on August 31, 201, KRW 40,000 on October 6, 201, and KRW 290,000 on KRW 40,000 on October 6, 201, and KRW 325,650,000 on the subcontract price to the Plaintiff Company.

Plaintiff

The I of the Company, during the construction of the instant case, is several from September 201, to C.