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. The parties' assertion

A. The Plaintiff asserted that the Evalescent Corporation in Busan Northern-gu (hereinafter “instant Corporation”) was awarded a subcontract for fire-fighting facility works from D Co., Ltd. (hereinafter “D”) in the amount of KRW 45 million for the construction cost, and the Plaintiff directly contracted for construction cost of KRW 60 million with the Defendant and completed each of the above construction works.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 45 million, excluding KRW 70 million, which was paid from D, out of the total construction cost of KRW 15 million (= KRW 45 million, KRW 60 million, KRW 10.5 million).

B. The defendant's assertion that the construction of this case was entered into with D and did not conclude a direct contract with the plaintiff, and the plaintiff merely received a subcontract for fire-fighting installation works and a sprinkler installation works among the construction of this case from D, and the plaintiff cannot claim a direct construction payment against the defendant.

2. Determination 1) Evidence A7, 8, 10, Eul 1, 6, 8 (including paper numbers; hereinafter the same shall apply)

According to the purport of each entry and oral argument, ① Defendant and D entered into a contract with the construction cost of the instant construction as of June 5, 2013 during the period from June 15, 2013 to November 14, 2013. The construction cost of the instant construction is KRW 1.8 billion on August 2, 2013; the construction cost of the said contract is KRW 1.8 billion on August 1, 2013; the construction period is from August 1, 2013 to November 30, 2013; ② the fire-fighting system construction business entity, including the fire-fighting system construction business entity, shall transfer the fire-fighting system construction work at the Plaintiff’s account to the Plaintiff’s account; ② the fire-fighting system construction business entity, including the fire-fighting system construction business entity’s construction cost of KRW 2.541 million on November 27, 2013; ③ the fire-fighting system construction business entity, including the fire-fighting system construction business entity’s construction cost.