Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

A. The Plaintiff is a company that runs the wholesale and retail business, etc. of flooring materials as a wholesale and retail business, and the Defendant is an individual business operator who operates a trade name C.

B. On April 2018, the Plaintiff drafted a construction contract agreement with D, etc. as follows.

(hereinafter referred to as the “instant construction contract”). The ordering person: The name of the Plaintiff: The 255 construction site on the 255 construction site of the Seocho Etel Syping agent for the Plaintiff: The F period from May 20, 2018 to June 20, 2018 (Ex post facto discussion): the F period from May 20, 2018 to June 20, 2018: 42 million won: the down payment: 40% of the down payment: the intermediate payment on May 26, 2018; the intermediate payment on June 30, 2018; and the remainder on July 26, 2018.

C. According to the instant construction contract, the Plaintiff completed the construction work that installs a singular board in the Jeju singingcke (hereinafter “instant construction work”) and completed all additional construction work under mutual agreement during the construction work process.

On the other hand, on January 22, 2019, the total construction cost of the instant case changed to KRW 45 million including the said additional construction work.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Inasmuch as the Plaintiff completed all construction works and additional construction works under the instant construction contract, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost after deducting the fixed construction cost from the total construction cost of KRW 45 million and deducting the fixed construction cost of KRW 17 million from the total construction cost of KRW 28 million and the delay damages therefor. 2) Even if the Defendant only lent the title to D with respect to the instant construction contract, the Defendant is liable for the nominal lender under Article 24 of the Commercial Act, and thus, is obligated to pay the said construction cost to the Plaintiff.

B. The defendant's assertion is that the defendant merely lent the name to D in relation to the instant construction contract, not the subject of the instant construction contract, and the plaintiff knew or could have sufficiently known the name lending of the defendant.