공사대금
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. The fact that the Defendant awarded to B (representative C) around July 2012 a contract for the manufacture and installation works of D D D D D D D D Dct for KRW 32.7 million does not conflict between the parties.
2. From July 3, 2012 to August 24, 2012, the Plaintiff’s assertion E provided the Defendant with the board operation equivalent to KRW 4,950,000 with the Scar equipment at the site of the D D Corporation located in Ansan-gu, Seoul-si. The Plaintiff, a bond purchaser business entity under the Commercial Act, purchased the construction price claim amounting to KRW 4,950,000 from E.
Therefore, the defendant is obligated to pay to the plaintiff 4.95 million won and damages for delay in accordance with Article 168-12 (Claims for Redemption by Bonds Purchasing Business Operators) of the Commercial Act.
3. It is insufficient to recognize that E has a claim for construction cost of KRW 4.95 million against the defendant only with the descriptions of evidence Nos. 1 and 5, and there is no other evidence to acknowledge this. Thus, the plaintiff's assertion is without merit.
Since the plaintiff stated that C is the defendant's employee and said C will make work to E and will make work payment, the defendant is liable to the name holder under Article 24 of the Commercial Act and the Fair Transactions in Subcontracting Act (hereinafter "subcontract Act").
A) Although the name holder under Article 14(1) of the Commercial Act asserts that he/she is liable for the payment of the subcontract price under Article 14(1), it refers to a person who permits another person to engage in business using his/her name or trade name. However, solely on the ground that C said person is an employee of the Defendant, it cannot be deemed that the Defendant permitted C to use his/her name or trade name. A subcontractor who is entitled to seek a direct payment of the subcontract price against the ordering person pursuant to Article 14(1) of the Subcontract Act refers to a small and medium business proprietor entrusted with the manufacture, etc. by the prime contractor (Article 2(3) of the Subcontract Act, and “small and medium business proprietor” refers to a person whose sales or total assets,