2. The grounds for this part of the Plaintiff’s assertion are as follows: (a) the first instance court’s reasoning is as stated in the main sentence of Article 420 of the Civil Procedure Act, except where “the Defendant and D” at the last two pages of the first instance judgment is used as “D”, and thus, the same shall be cited in accordance with the main sentence of Article 420

As to the conclusion of the contract party of the construction of this case, we examine whether the contract party of the construction of this case is the plaintiff or D.

Where an actor who enters into a contract performs a juristic act in the name of another person, as to whom the actor or the title holder is the party to the contract, the intent of the actor and the other party shall be determined as the party to the contract in accordance with the same intent. If the intent of the actor and the other party are not in accord with each other, the other party shall be determined in accordance with the detailed circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstances of the contract, if a reasonable person exists, then who is the actor and the title holder shall be understood as the party to the contract, and

(See Supreme Court Decision 97Da53045 delivered on May 15, 1998, etc.). In light of the following circumstances, it is reasonable to deem that the Plaintiff and the Defendant were the parties to the instant construction contract as the Plaintiff in light of the following: (a) the basic facts, Gap’s evidence Nos. 5, 7, 8, 17, Eul evidence Nos. 1 and 15, Eul evidence Nos. 6-4; (b) the witness F of the first instance trial; and (c) the fact-finding and the overall purport of the pleadings.

Before the establishment of the Plaintiff Company, G, the representative of the Plaintiff, commenced the instant construction around September 2013, and established the Plaintiff Company around November 1 of the same year, and completed the instant construction around May 2014.

The plaintiff is 30 million won capital and G.