1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Basic Facts

Around December 2015, the Plaintiff engaged in the construction business performed a different construction work at the site of the Construction Project for the Building of Two Parcel-ground Housing outside Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant Construction”).

The Defendants are owners of the instant construction project.

The sum of the construction costs (excluding value-added tax) invested by the Plaintiff from December 14, 2015 to January 23, 2016 is 18,830,000 won, and the aggregate of the output tax amount of value-added tax issued for the progress of the foregoing other project is 1,321,000 won, and the construction cost so paid by the Plaintiff is 6,00,000 won.

[Ground of recognition] The plaintiff of the parties to the construction contract as to Gap's evidence Nos. 1 and 6 and the purport of the whole pleadings, asserted that the defendants agreed to pay the construction price to the plaintiff through D as the owner of the construction work at the site of this case, and the defendants are obligated to pay the remainder of 14,151,000 won (=18,830,321,000 won) directly to the plaintiff (=18,321,000 won).

As to this, the Defendants concluded a construction contract with D who is engaged in the construction business in the instant construction project and paid all the construction cost. The Plaintiff asserts that the Defendants cannot seek direct payment of the construction cost merely because it is a subordinate beneficiary of D.

Judgment

The key issue of this case is whether the other party who entered into a construction contract with the plaintiff is the defendants who are the owner of the building or is the constructor.

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 3, 4-1, 2, and 5-1, 2, and 7-1, and 2 of the evidence Nos. 4-1, 5-2, the Defendants made a contract for each construction work between D and D on May 13, 2015, and paid KRW 90,000,000 as down payment to D on the same day from May 15, 2015 to October 30, 2015, the Defendants paid to D on the same day the contract for each construction work.