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. Summary of the parties’ assertion

A. On February 2014, when the Plaintiff was owned by the Defendant, the Plaintiff was awarded a contract with the Defendant for the roof work of the C Ground Housing in KRW 4 million, and completed the construction work. Therefore, the Defendant is obligated to pay the Plaintiff the said construction cost of KRW 4 million and the damages for delay.

B. The Defendant did not conclude a construction contract between the Plaintiff and the Plaintiff.

However, the Defendant entered into the said housing repair work with D by setting the price of KRW 19 million and paid the said construction cost in full. Since D’s tar tar repair work, leakage phenomenon occurred after D’s tar tar repair work, D’s order for the Plaintiff to perform the said housing roof work upon the Defendant’s request for defect repair.

Therefore, the plaintiff shall receive the payment of the construction cost from D, and it is not possible to seek the payment from the defendant.

2. The judgment is not sufficient to acknowledge that the construction contract was concluded between the Plaintiff and the Defendant, as alleged by the Plaintiff, solely based on the written evidence No. 1, the evidence No. 1, and the witness D of the first instance trial. The Plaintiff’s above assertion is without merit, since there is no evidence to acknowledge otherwise.

3. As such, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in its conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.