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. Basic facts

A. The Plaintiff is an operator of “D” located in Jeonbuk-gun, Jeonbuk-gun.

B. On June 29, 2012, the Defendant contracted the construction work of F (hereinafter “instant construction”) with KRW 1,836,519,560 for KRW 1,836,560, and subcontracted the said construction work to a new building company for reinforced concrete (hereinafter “new building”) on October 17, 2012.

C. From October 4, 2012 to May 10, 2013, the Plaintiff provided food to the instant construction site. The Plaintiff did not receive KRW 12,400,000 out of the food cost for the said period from the Defendant or New Earth.

[Ground of recognition] Facts without dispute, Gap Nos. 2, 3, 7, Eul No. 4 (including identification numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that around September 2012, 2012, the representative director G at the time of the Defendant’s allegation was found to be the Defendant’s representative director at the time and was responsible for all food costs in the construction site of this case, and was provided food to the members of new discussions. As such, the Defendant is obligated to pay the total amount of KRW 12,40,000 and damages for delay.

B. The defendant's assertion that since the defendant did not provide that the subcontractor shall pay the plaintiff the food cost for new soil products, the subcontractor shall not pay it to the plaintiff, it shall be paid from the subcontract price for new soil products supplied by the plaintiff while carrying out the subcontracted reinforced concrete construction work. It is irrelevant to the defendant.

When the Defendant received food from the Plaintiff while carrying out civil engineering works, external decoration works, internal interior interior decoration works, etc., which are not reinforced concrete construction works subcontracted to new building, the Defendant confirmed the books prepared by the Plaintiff, and paid the amount of food to the Plaintiff. As long as the Defendant received a food completion receipt (Evidence B) from the Plaintiff, the Defendant’s food payment to the Plaintiff does not exist.

3. Determination.