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. On November 2015, the Defendant awarded a contract for the construction of a newly constructed building in Busan-gu Busan-gu Seoul-do Seoul-Saro Complex Construction.

On June 9, 2016, when the Corporation was in progress, the Defendant expressed to the Seosan Comprehensive Construction the intent that the main gate and the railer of the new building (hereinafter “instant construction”) would have become the Plaintiff, and thereafter, requested the Plaintiff to visit the construction site by posting a telephone directly.

B. Around that time, the Plaintiff started the instant construction work, and on July 15, 2016, paid KRW 8 million out of the construction cost of the instant construction work from D, the Defendant’s husband, and completed the construction work around August 3, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that, upon directly contact with the Defendant, the Plaintiff entered into the instant construction contract with the Defendant at the construction site, setting the construction cost of KRW 15 million, and the Defendant paid KRW 8 million out of the construction cost, and that the Defendant sought payment of the remainder of KRW 7 million and damages for delay.

B. The Plaintiff asserted that the Plaintiff did not have any obligation to pay the construction price to the Plaintiff, since it was merely awarded a subcontract for the instant construction project from the Seosan Integrated Construction, and it did not concluded the instant construction contract between the Plaintiff and the Defendant, and paid the full construction price to the Seosan Integrated Construction.

3. The following circumstances revealed in full view of the aforementioned evidence and the purport of the entire pleadings, i.e., ① the Defendant directly phoned the Plaintiff with respect to the instant construction project and visited the site, started the instant construction project through preparatory work such as survey, ② the Plaintiff requested on July 15, 2016 to pay the Defendant KRW 8 million out of the construction cost of the instant case as advance payment. On the same day, D, the husband of the Defendant, transferred the said KRW 8 million to the Plaintiff’s account under the name of the Plaintiff, and ③ the Defendant transferred the said KRW 3.