A. With respect to the secondary C secondary-rises construction ( steel structure), around April 17, 2013, a contract was concluded between the contractor and the contractor as the representative E of the D Company, with the construction cost of KRW 220,000,000 (including value-added tax) and the construction period from May 1, 2013 to June 15, 2013.

(hereinafter “instant construction contract”). B.

Around June 11, 2013, the Defendant representative director stated the “Neman price of KRW 58,000,000” in relation to the instant additional construction works in the written estimates for addition prepared by the Plaintiff.

C. The defendant from April 22, 2013 to the same year

7. By up to 19.19., the payment of the instant construction cost of KRW 220,000,000 was made in the account in the name of E. D.

Around September 2, 2013, the Defendant drafted an additional construction contract between D Company E and the representative E by setting the construction cost of KRW 41,470,00 (including value-added tax) and the construction period from May 1, 2013 to August 5, 2013.

(hereinafter “instant Additional Construction Contract”). (e)

On September 4, 2013, the Defendant paid KRW 41,470,000 as the instant additional construction cost to the account in the name of E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, 4 through 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant construction contract was concluded between the Defendant and the Defendant by lending the name of E, and around June 11, 2013, the Plaintiff concluded an additional construction contract with the Defendant for the construction site of this case with the construction cost of KRW 65,000,000, and that the Defendant should pay the Plaintiff additional construction cost of KRW 65,000,000 as well as damages for delay.

The defendant asserts that the contract of this case and the additional construction contract of this case were concluded with D Company E, which is not the plaintiff, and that they paid 41,470,000 won to E.

B. First of all, we examine who is the contracting party to the instant additional construction.

Any person who executes a contract shall be another person.