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. The Defendant was a company established for the purpose of housing construction business, etc., and was awarded a contract for the construction work of the calamity risk district B from the Seoul Special Metropolitan City (II) around March 2009.

B. The Plaintiff received a request from C for the construction of the structure of civil engineering (hereinafter “instant construction”) among the foregoing construction works, and completed the construction from April 201 to July 201.

[Ground of recognition] The non-contentious facts, the fact-finding results by the court of first instance on the head of the complete order, the purport of the entire pleadings

2. The plaintiff asserts that since the plaintiff completed the construction of this case at the request of C, which is the defendant's on-site manager, the defendant is obligated to pay 14,480,000 won after deducting the 71,00,000 won already paid from the construction cost of 85,480,000 won and delay damages.

Therefore, according to the results of the fact-finding on whether C requested the construction on behalf of the Defendant, as to whether C requested the construction on behalf of the Defendant, the Defendant paid KRW 36,00,00 as construction price to the Plaintiff on July 16, 2010 can be acknowledged as follows: (a) at the time of requesting the instant construction to the Plaintiff, C had overall control over the field of the disaster risk maintenance work in the B district where C was under way; (b) the Defendant paid the health insurance fee from November 1, 2009 to December 2, 2010, and (c) the Defendant paid KRW 36,00,000 to the Plaintiff as construction price.

However, in full view of the statements in Eul evidence 1-1 and 5, witness C of the first instance trial, and witness D, the entire purport of the pleadings is as follows: (a) around March 2010, limited liability company E (hereinafter “E”) received contracts from the defendant for the instant construction work from the defendant; (b) C worked as a employee of G Co., Ltd. operated by the original E or E operator, and was entrusted with the complaint of the said construction site by F’s direction; and (c) C reports the Plaintiff’s request for the instant construction to E.