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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.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion entered into a contract with the Defendant under which the Plaintiff would clean up the 5th floor educational institute of Busan Building (hereinafter “instant building”), the 6th floor office, the entire stairs of buildings, and the rooftops, two parking lots, the right-hand side of the building, and the left-hand side of the building, and receive KRW 5,400,000 from the Defendant (hereinafter “instant contract”) and completed all cleaning work as stipulated in the said contract from June 13, 2015 to July 25, 2015.
Therefore, the defendant is obligated to pay to the plaintiff KRW 5,400,000 and damages for delay.
B. Around July 2015, the Defendant gave a contract to D for the work of construction, cleaning, etc. of the instant building at KRW 15,650,000. However, the Plaintiff did not conclude the instant contract, and the Plaintiff is merely a person employed by D. As such, first of all, we examine whether the instant contract has been concluded. (2) In full view of the partial entry of the evidence No. 1, witness E, witness E’s partial testimony, and the purport of the entire argument, the Plaintiff can acknowledge the fact that the Plaintiff performed cleaning work identical with the contents of the instant contract.
However, on the other hand, comprehensively taking account of the following facts and circumstances revealed in Eul evidence Nos. 1 through 2 and 4 (including virtual numbers) and the purport of the entire pleadings, namely, the defendant awarded a contract to D for work such as construction, cleaning, etc. of the building of this case in KRW 15,650,000 on May 24, 2015, and the price paid KRW 7,000,000 on June 8, 2015, and KRW 11,80,000,000 on July 3, 2015, and KRW 3,00,000 on July 29, 2015, the defendant appears to have no reason to conclude the contract of this case separately with the plaintiff, and where the service contract of this case is generally concluded, the contract is prepared and the contract is made or the contract is made between the plaintiff and the defendant.