1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant is the head of the Daegu Suwon-gu D Kindergarten (hereinafter referred to as the “instant kindergarten”).

B. On June 1, 2013, the Defendant’s husband E as the owner entered into the instant kindergarten building construction contract (hereinafter “instant construction contract”) with E and E as KRW 900,000,000,000,000 as the completion date of the project, and the completion date of the project.

C. During the process of the instant construction project, the construction project was suspended due to the failure of the subcontractor to pay the construction cost properly to the subcontractor, and the Defendant paid part of the construction cost directly to the subcontractor at the request of the head of the site office F in order to complete the instant construction project in accordance with the entrance schedule in 2014.

The Plaintiff performed the interior page construction among the instant construction works, and received KRW 2,000,000 from the Defendant on January 13, 2014, out of the labor cost of KRW 8,000,000.

E. The E obtained approval for use of the instant kindergarten building on February 20, 2015, which was approximately two months after the completion date of the instant construction project.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 9, 10, and 11, and the purport of the whole pleadings

2. The assertion and its judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff promised from the Defendant that the Plaintiff would directly pay for personnel expenses at the time of explaining the interior of the instant construction work, and the Defendant did not pay personnel expenses of KRW 6,000,000 to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the said unpaid personnel expenses and damages for delay. 2) The Defendant’s conclusion of the internal fee construction contract with the Plaintiff during the instant construction work was merely a general construction contract with the Plaintiff that was contracted for the instant construction work from E, and the Defendant or E did not concluded the said construction contract with the Plaintiff, and all the construction costs of the instant construction contract to the so-called General Construction Co., Ltd.