A. Defendant B is a person who operates a housing construction and sales business under the trade name of “D”, and Defendant C is the husband of Defendant B.

B. On March 30, 2016, the Plaintiff concluded a construction contract with Defendant C who represented Defendant B, and implemented the construction of a new building E on the ground of Eunpyeong-gu Seoul Metropolitan Government.

In the above construction contract, the deadline for completion was set at KRW 825,00,000, which was May 31, 2016.

Then, the Plaintiff and Defendant B concluded an additional construction contract on June 1, 2016, set the additional construction cost of KRW 149,600,000.

(hereinafter referred to as the “instant construction work”). Defendant C checked the progress of the instant construction work.

C. On September 6, 2016, the Plaintiff completed the instant construction.

Then, the Plaintiff accepted the Defendant’s request for the Corporation’s Vietnam Expansion on September 20, 2016. On September 20, 2016, the Plaintiff settled the total amount of the Corporation’s 1,040,000,000 won, including the amount of KRW 60,000,000,000, which is additionally executed with Defendant C, and among them, drafted a written promise to receive 300,00,000,000 out of the remainder of KRW 400,000,000, excluding the amount of KRW 640,000,000 already received by the Plaintiff (hereinafter “the first payment”), which is paid on September 21, 2016, and KRW 10,000,000,00 (hereinafter “the second payment”).

After completing the instant undertaking, the Plaintiff completed the Vietnama Expansion Project. The Plaintiff received the total of KRW 250,000,000 out of the first payment amount of KRW 300,000,000 as stated in the instant undertaking. Of the above amount, KRW 15,00,000, out of the above amount, Defendant C deposited directly into the Plaintiff’s deposit account in his own name.

【Non-contentious facts, Gap’s evidence 1, 2, Gap’s evidence 4, 5, Gap’s evidence 8-2, Eul’s evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, Defendant C entered into the instant construction contract on behalf of Defendant B on behalf of the Plaintiff and the total amount of the Plaintiff and the instant construction work.