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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.
Reasons
1. The Plaintiff’s assertion: (a) around July 2012, the Defendant’s director E and the Plaintiff entered into a subcontract with the Defendant to accept the payment of wages, equipment, meals, etc. of reinforced concrete construction among “D construction” located in C, which the Plaintiff was permanently residing in the Defendant’s permanent residence, on condition that the Defendant disposes of them at the site; and (b) on October 3, 2012, the Defendant’s representative director F promised to pay the Plaintiff the price related to the said construction to the Plaintiff in full; (c) therefore, the Defendant is obligated to pay the Plaintiff the amount equivalent to KRW 23,819,075, total sum of materials and equipment invested in the said construction site by the end of November 2012, as well as damages for delay
2. According to the evidence Nos. 1 and 2-1 of the judgment of the court below, the plaintiff entered into a subcontract with E on September 27, 2012, and E on October 12, 2012, where E was registered as the defendant's outside director on May 24, 2012, and the registration of dismissal was completed on October 12, 2012, but E entered into a subcontract with the plaintiff on behalf of the defendant only on the basis of each of the evidence Nos. 2, 3-1, 2, 3, 4, and 5 of the above facts and evidence No. 2-1, 3-1, 3-2, 3-4, and 5 of the above facts.
(2) A subcontract was established between the Plaintiff and the Defendant.
It is insufficient to recognize that the Defendant promised to pay the construction price directly to the Plaintiff, and there is no other evidence to acknowledge this otherwise.
Therefore, the plaintiff's claim is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.