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.

1. Basic facts

A. On February 27, 2013, the Defendant awarded a contract to E Co., Ltd. (hereinafter “E”) and L Co., Ltd. for a new construction of “D” located in Seongbuk-gu, Sungnam-si (hereinafter “instant construction”). On July 5, 2013, E subcontracted the part of the instant construction of reinforced concrete (hereinafter “instant reinforced concrete construction”) to F Co., Ltd. (hereinafter “F”).

F around that time, again subcontracted the instant reinforced concrete construction to G Co., Ltd. (hereinafter “G”).

B. On August 2013, G subcontracted the instant reinforced concrete construction to Nonparty H again, and H agreed with the Plaintiff to be supplied with the seal to be put into the site of the instant reinforced concrete construction.

At the time, in order to receive wages from the contractor such as F or G, the account was opened in the name of K, which is the head of the mold of the instant reinforced concrete construction work, and the Plaintiff also paid wages directly to the human father, the wage was settled between H and the method of receiving the remittance from the account in the above K name.

C. On April 3, 2014, the instant construction was suspended due to the nonperformance of E. On or around April 5, 2014. Accordingly, on April 5, 2014, the Defendant, the supervision leader of the instant construction project, I, F Field Director, G manager, H, and J chief, who is a person in charge of the Plaintiff’s work, and other subcontractors, who provided materials and human meals invested in the instant reinforced concrete construction, have consulted on measures regarding the progress of the instant construction. As a result, the Defendant directly paid the expenses, such as wages, etc. invested in the instant reinforced concrete construction from April 6, 2014, and the instant construction resumed reinforced reinforced concrete.

The Plaintiff filed a suit against K and H for the claim for the payment of agreed amount (hereinafter “instant previous suit”) with the court No. 2015da112784.

The Plaintiff is the Plaintiff at the previous suit of this case. K and H are the Plaintiff.