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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. On June 2017, the Defendant tried to remove an unauthorized building on the ground of the instant site (hereinafter “Gu-style house”) in order to construct a multi-family house on the said ground as the owner of the Daejeon Seo-gu C site (hereinafter “instant site”).
B. On June 2017, the Plaintiff: (a) performed the electric dismantling work of old-style houses; and (b) transferred and installed electric measuring instruments installed in old-style houses to construct multi-family houses on the instant land (hereinafter “instant buildings”) and to use electricity.
C. Around August 2016, the Defendant entered into a contract for construction works with D (ju) and the instant building construction works, setting the construction cost as KRW 140 million (excluding value-added tax).
D The cost of construction and the cost of construction (134 million won, excluding value-added tax), which are delivered to the Defendant by the owner, include the items of electrical construction and the creative facility works by the Defendant’s children.
E. From August 2017 to December 15, 2017, the Plaintiff completed electrical construction of the instant building. On November 29, 2017, the Defendant paid to the Plaintiff KRW 500,000,000 for expenses and license fees additionally paid to the Korea Electric Power Corporation.
F. D filed a lawsuit against the Defendant for construction cost set forth in Daejeon District Court 2019Kadan484, which claimed the remainder of the construction cost, excluding the electrical construction cost.
[Ground of recognition] Evidence No. 2-1, 2, Evidence No. 3, Evidence No. 1 to 3, testimony of witness E of the first instance court, purpose of the whole pleading
2. The plaintiff asserts that the construction cost should be paid to the plaintiff on the ground that he completed the electrical construction of the building of this case without receiving any construction cost separately from the defendant, and that the defendant should pay the construction cost to the plaintiff.
The defendant does not have a contract for electrical construction with the plaintiff.