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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Facts of recognition;
A. A. Around June 2012, the Plaintiff operating a telecommunications construction business entity called “C” was subcontracted by D Co., Ltd. (hereinafter “Nonindicted Company”) for construction cost of KRW 83,000,000, and for construction period from June 20, 2012 to December 20, 2012.
B. On May 29, 2013, the Defendant and the non-party company H and the president of the non-party company G reconstruction association I prepared a “construction cost payment certificate” (Evidence 2) stating that “The construction cost of KRW 36,00,000,000 to be paid to the non-party company C (Plaintiff) in the contract company D (non-party company) shall be confirmed to be paid by B (Defendant) from the balance of occupancy at the time of moving-out in general 701, G, and then receive the said payment from the occupant J, and deliver it to the Plaintiff.
C. On June 3, 2013, M and a person in charge of the site management of the non-party company: (a) signed a confirmation letter of completion (Evidence A 3) stating, “The construction of electricity, telecommunications, and fire fighting was carried out in conformity with the drawings; (b) the construction other than the drawings was carried out in consultation with the head of the site and was processed in conformity with all regulations and confirmed that there is no objection.”
Meanwhile, 14 N et al. completed the registration of ownership transfer on the ground of "trade as of March 28, 2013" among the buildings completed on August 1, 2013 and completed the registration of ownership transfer on the ground of "trade as of March 28, 2013," and J remitted 115,000,000 won to the Defendant, and the remainder of 45,000,000 won to K on August 7, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, 2, Eul evidence 2, testimony of the witness of the first instance court and the purport of whole pleadings
2. Determination
A. (1) On May 29, 2013, the Plaintiff’s assertion drafted and delivered a construction cost payment certificate (Evidence A2) as seen earlier to the Plaintiff on May 29, 2013.