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. The plaintiff's assertion

A. In around 2007, the Defendant ordered C to build a new multi-household housing located in the Daegu-dong (hereinafter “instant construction”) and C subcontracted the instant construction to the Plaintiff at KRW 2,0620,000 among the instant construction works.

B. Since then, the Defendant agreed to pay the Plaintiff’s subcontract price directly, while the Plaintiff completed the said construction work, the Defendant paid only KRW 5.2 million out of the subcontract price to the Plaintiff, and the Defendant again promised to pay the remainder of KRW 15 million if a bill of default was recovered at the face value of KRW 17 million to C, even if it again promises to pay the remainder of KRW 15 million.

Therefore, the defendant is obligated to pay the plaintiff the unpaid subcontract price of KRW 15 million and damages for delay.

2. Determination

A. If Gap evidence Nos. 1 through 3 and 6, evidence Nos. 7-1 and 7-2, and the purport of the whole pleading is added to Gap's testimony, the defendant contracted the construction of this case to E Co., Ltd., and E Co., Ltd. subcontracted the construction of this case to the plaintiff during the construction of this case, E Co., Ltd., the actual manager D employed Eul as the head of the site of the construction of this case, and thereafter C performs the duties of the head of the site of the construction of this case.

B. Furthermore, as to whether the Defendant agreed to pay the above subcontract price directly to the Plaintiff, the Plaintiff’s evidence Nos. 5 (Written Answer) and No. 7-1 (D’s witness statement) as shown in the Plaintiff’s assertion are not trustable in light of the witness witness D’s testimony, and Gap’s evidence No. 2 (the power of attorney written by C to delegate KRW 20620,000 to the Defendant directly receive the subcontract price) and No. 3 (the loan certificate written by D to lend KRW 10,000 from the Plaintiff on March 16, 201), and Gap evidence No. 6 issued and the Defendant issued.