1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's primary claim and the addition in the trial are made.

1. Facts of recognition;

A. On November 21, 2012, he/she entered into a contract with the Defendant to enter into a contract for the extension work of the Busan Shipping Daegu D Ground Building (EM) (hereinafter “instant construction work”) on November 7, 2012 as of November 7, 2012, the date of commencement of the construction work, and the contract amounting to KRW 270 million of the contract amount (including value-added tax) as of February 6, 2013, and the date of completion of the construction work.

B. According to the estimate for the construction contract at issue, the Fire Services Corporation is included in the construction work details, and the estimated value of the fire-fighting water tank is stated in the detailed statement.

C. On March 30, 2013, upon receiving a request from C to install a water tank at the construction site of this case, the Plaintiff engaged in manufacturing, such as a water tank, installed a fire-fighting tank at the construction site of this case.

In addition, the Plaintiff prepared a trading list of KRW 5,505,50 (including value-added tax) with E kindergarten as the opposite contractual party on the same day, and C signed the said trading list.

[Reasons for Recognition: Facts without dispute, Gap evidence 4, Eul evidence 1, Eul evidence 2-1, 2, and 3, testimony of witness C of the first instance trial, the purport of whole pleadings]

2. The parties' assertion

A. Plaintiff 1) The Plaintiff, as the Defendant’s agent, entered into a water tank installation agreement with the Defendant through C, and accordingly installed a water tank at the instant construction site. As such, the Defendant is obligated to pay the Plaintiff the cost of installing the water tank. (ii) Even if the Defendant’s assertion on the ancillary cause is not a party to the contract, the Defendant used the water tank installed by the Plaintiff without any legal cause, and thus, should return to the Plaintiff the benefit equivalent to the cost of installing the water tank.

B. The Defendant did not conclude a water tank installation contract with the Plaintiff, and the Defendant did not instruct C to install a water tank or consent to the installation thereof.