A. A. Around June 2009, the Plaintiff concluded a construction contract with Defendant C on behalf of Defendant B (hereinafter “B”) to perform the construction work for piling up stone on the land D in Hanam-gun, Hanam-gun (hereinafter “instant construction work”). From June 15, 2009 to August 30, 2009, the construction period between Defendant B and C on behalf of Defendant B was from June 15, 2009 to August 30, 2009; and the construction cost was to be settled at KRW 44,500 per square meter with the total construction cost at KRW 44,500 per square meter (hereinafter “instant contract”).

B. The Plaintiff completed the instant construction work on August 30, 2009, but Defendant B paid the Plaintiff KRW 23,000,000, which is part of the construction cost on September 29, 2009, and did not pay the remainder of the construction cost of KRW 42,00,000.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the construction cost of KRW 42,00,000 and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from September 1, 2009 to November 6, 2013, the delivery date of the complaint of this case, which is the delivery date, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Determination as to the claim against Defendant C

A. Whether the party to the instant contract is liable to pay the construction cost as the party, and (1) Defendant B, who is named as the contractor, is only the party to the instant contract in the name of the party.

Since Defendant C was the actual owner of the neighboring land E, Gyeongnam-gun, the site of the instant construction, and the payment of part of the construction cost of the instant contract was made, it is necessary to pay the construction cost to the Plaintiff as the actual contractual party to the instant contract.

(2) Determination Nos. 1 to 3, 3 to 5, and this Court.