1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. G Co., Ltd. (hereinafter “G”) concluded a contract with the Defendant for construction work with respect to the construction work Seongdong-gu Seoul Metropolitan Government E (hereinafter “instant original construction work”).

On April 21, 2017, the Defendant subcontracted to the Intervenor joining the Defendant, who operates F (hereinafter referred to as the “ Intervenor”), the steel frame and the creative production works (hereinafter referred to as the “instant steel frame, etc.”) among the original works in the instant case.

The Intervenor re-subcontracted part of the instant steel frame, etc. to the Plaintiff on May 2017.

B. The Plaintiff received KRW 29.5 million in total from the Intervenor on May 6, 2017, May 23, 2017, May 23, 2017, June 16, 2017, July 7, 2017, and August 12, 2017.

C. On November 9, 2017, the Defendant received KRW 80 million from G, and paid KRW 30 million to the Plaintiff on November 27, 2017.

After receiving the above KRW 30 million from the Defendant, the Plaintiff, at the request of the JJ working for the Defendant Company, remitted the amount of KRW 10 million to his account in the name of K.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 2, Eul evidence 7-1, 2, Eul evidence 12, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Since the construction contract between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant with the construction cost of KRW 97,507,676, the Defendant is obligated to pay the construction cost directly to the Plaintiff.

② Even if the construction contract between the Plaintiff and the Defendant was not concluded, the Defendant agreed to pay the remainder of the construction cost directly to the Plaintiff orally on November 6, 2017.

Therefore, the Defendant asserts that the Plaintiff’s 29 million won received from the Intervenor is the amount of KRW 5 million out of the total amount of KRW 29.5 million received from the Intervenor, which is separate from the construction cost of the instant steel frame, etc.

48,507,676 won remaining after deducting 20 million won from the Defendant (=97,507,676 won - 29 million won).