2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

A. The Plaintiff asserted that the Plaintiff supplied construction materials equivalent to KRW 30,232,510 in total at the construction site of Jeju-si, D, and E, the Defendant’s joint Defendant B’s request from June 20, 2014 to August 27, 2014 (hereinafter “instant transaction period”), and received KRW 3,00,000 from B, and thus, the Defendant is obligated to pay the remainder of the goods price of KRW 27,232,510 (hereinafter “the instant goods price”) and delay damages therefrom.

B. Determination 1) In a case where a party to a contract used another person's name at will to be a party to a legal act, if the intent of the actor and the other party to the contract coincide with each other, the act of the actor or the name holder shall be decided according to the consistent intent. However, in a case where it is impossible to confirm the consistent intent, the other party's reasonable human being should be determined according to the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc. of the contract, and then the contract between the parties should be formed and the other party should be determined (see, e.g., Supreme Court Decision 94Da4912, Sept. 29, 195). 2) In light of the above legal principles, it is difficult to view that the contract between the Plaintiff and the former as the whole was concluded by considering the following facts: