A. Defendant C completed the business registration of the structural metal manufacturing industry under the trade name “D” on March 9, 1999.

B. Defendant B received the “E Extension Corporation” (hereinafter “instant construction”) from the Troteex Co., Ltd. (hereinafter “Troteex”), and entered into a contract for construction work with the Eroteex on August 2013, by lending the name and trade name of Defendant B and having no business registration under the name of the Defendant B.

The author knew that the defendant B entered into a contract by lending the name and trade name of the defendant C.

C. The Plaintiff was awarded a subcontract for the instant construction from Defendant B.

With respect to the instant construction project, the Plaintiff issued a tax invoice to Defendant C and C, and received KRW 35 million from Defendant C, and KRW 10 million from C and C, respectively.

E. On January 2, 2014, Defendant B drafted a loan certificate stating that the Plaintiff will pay KRW 100 million by January 15, 2014 with respect to the amount of unpaid construction works other than the instant construction works.

[Ground of recognition] Gap 2, 4, 5 evidence, Eul 1, Eul 1, Eul 1, witness F's testimony, the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from March 19, 2015 to September 30, 2015 pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which is the day following the delivery of a copy of the complaint of this case filed by the Plaintiff among the amounts in the loan certificate, and the damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment.

3. Determination as to the claim against Defendant C

A. Upon Defendant B’s request, the Plaintiff asserted that the payment between Defendant C and the Plaintiff was set at KRW 125,00,000, and that the instant subcontract was concluded for the instant construction project. The Plaintiff paid KRW 85,00,000 for the unpaid construction cost to Defendant C.