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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Facts of recognition;
A. Around October 10, 2013, the Defendant: (a) contracted the construction of a studio on D and one parcel (hereinafter “instant construction”); (b) the construction period from January 29, 2014 to July 28, 2014; and (c) the construction cost was KRW 600,000; and (d) Seopo Construction subcontracted the instant construction to C in the name of “E” and the construction business.
B. From April 7, 2014 to June 12, 2014, the Plaintiff engaged in wholesale and retail business, such as building materials, supplied 4,405,000 won in total to C on three occasions.
C. Re-subcontractors re-subcontracted the instant construction project from C had not been paid the construction cost at the end of July, 2014.
Accordingly, C introduced the plaintiff and the sub-contractor to the defendant, and requested the defendant to prepare a certificate of direct payment of the construction cost for continuing the construction work.
Accordingly, around August 2014, the Defendant prepared a written confirmation of the following contents (hereinafter “instant confirmation”) to the Plaintiff.
Location: The owner of H Construction: The owner of the construction of the construction of the construction of the construction of the construction of the building at issue: The construction of the construction of the building at issue is being supplied with the material and the construction is underway, but the owner has not been paid the price of the goods from the construction of the construction at issue, and the owner is in charge of civil and criminal liability when he/she fails to implement the construction within 15 days after the completion of the construction.
After the completion of the instant confirmation document, the Defendant, who did not resume the instant construction, terminated the contract for construction works with the Western Construction around November 16, 2014, and concluded the remaining construction works with the other company on December 23, 2015.
[Reasons for Recognition] Unsatisfy, Gap's 1 (including provisional number), 2, 4, Eul's 2, and the purport of the whole pleadings
2. The plaintiff's request