A. On April 2013, the Plaintiff concluded a contract with Defendant USA Construction Co., Ltd. (hereinafter the Defendant Company) for a reinforced concrete construction work (hereinafter the instant construction work) at the cost of KRW 167 million, among the new construction works on C ground-based loan (hereinafter the instant construction work) and asserted that it did not receive KRW 59 million out of the price, and sought payment of the construction cost against the Defendant Company.

It is insufficient to recognize that the Plaintiff was awarded a contract to work from the Defendant Company solely with the descriptions of evidence Nos. 1, 2, and 3, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion is without merit.

B. In addition, the Plaintiff asserts that the Defendant is liable for the nominal holder under Article 24 of the Commercial Act, even if it is not recognized that the Defendant was awarded a contract from the Defendant Company, and that the Defendant is liable for the nominal holder under Article 24 of the Commercial Act. However, the foregoing evidence alone is insufficient to recognize that the Defendant Company allowed the Defendant Company to use the name or trade name of the Defendant Company, and there is no other evidence

According to the purport of Gap evidence No. 1 as to the claim against defendant B and the purport of the whole pleadings, defendant B paid the remainder of KRW 59 million to the plaintiff on March 15, 2014, with a preferential payment of KRW 30 million and the remainder of KRW 30,000,000, and with a written statement of payment that shall be paid after completion. It can be acknowledged that the construction of the construction of the instant case was completed. Thus, barring any special circumstance, defendant B is damages for delay calculated at the rate of KRW 20% per annum from June 24, 2014 to the date of delivery of a copy of the complaint of this case, as sought by the plaintiff, as the plaintiff, after the date of delivery of the copy of the complaint of this case.