2. The plaintiff's claim (including the part extended by this court) is dismissed.

3. Action.

A. On April 1, 2016, E, the Defendant’s husband, completed business registration with the Defendant’s name as “mutual name: D and place of business: Suwon-si C Building G heading to 8th to 13th floor in Suwon-gu.”

B. On April 23, 2016, the Plaintiff drafted a construction contract with E (hereinafter “instant construction contract”) with the following terms and conditions, and E affixed its seal on the said contract.

The name of construction: The person who places an order for construction works ("floor" after shooting with a private line): Work period: E (F of a stock company after shooting with a private line): April 25, 2016; the contract amount on April 27, 2016: 14,000 square meters per 3.3 square meters square meters in size; the total construction cost of 4,000 square meters per 3.3 square meters in size; the total construction cost of 56,00,000 square meters in size: Category D: Trade name, address C; and name E: H and name: name

C. On the other hand, on April 23, 2016, the Plaintiff issued an electronic tax invoice (hereinafter “instant tax invoice”) against Defendant (hereinafter “Defendant”) with the amount of KRW 20,000,00,000, the amount of tax as “products: Dcell labeling advance, supply value: 20,000,000.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the Plaintiff entered into the instant construction contract with the Defendant, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 36,000,000 (=56,000,000 - 20,000,000) unpaid under the said construction contract, and the delay damages therefor.

B. Unlike the name-holder’s liability household affairs, ① a fraudulent act revocation suit filed by the National Tax Service against the Defendant (Seoul Southern District Court 2017da217544) that was concluded on March 1, 2016 between the Defendant and E is revoked within the limit of KRW 159,471,080. ② The Defendant filed an application for the registration of business in order for E to register its business under the name of the Defendant.