1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is a person engaged in the interior construction business, etc. with the trade name of C, and the Defendant is a company engaged in the construction business, etc.

B. The Plaintiff entered into a contract for partial remodeling construction works of the E plant located in Yangsan-si (hereinafter “instant construction works”) with D as KRW 18,350,000,000, and completed the said construction works around August 7, 2016.

C. The Plaintiff received, as the instant construction cost, KRW 2 million from the account in the name of F on June 25, 2016, and KRW 10 million in total from the account in the name of each Defendant on July 14, 2016 and July 21, 2016 (i.e., KRW 4 million).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff, a field agent of the Defendant, concluded the instant construction contract and completed the said construction work by designating KRW 18,350,000,000, and received KRW 12,000 from the Defendant as the payment of the construction cost. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost (=1,835,000 won - 12,000 won) as the contractor or the nominal lender under Article 24 of the Commercial Act.

B. As to the instant construction project, the Plaintiff concluded a contract with D, who is not the Defendant, the Defendant is not obligated to pay the remainder of the construction cost to the Plaintiff.

3. A person who has allowed another person to run a business using his name or trade name is jointly and severally liable to pay to a third party who has transacted his business as the owner of the business (Article 24 of the Commercial Act). In full view of the purport of the entire pleadings as to witness D’s testimony, D obtained permission for the use of his trade name from the defendant’s representative and in-house director G, and entered into the instant construction contract with the plaintiff by setting the Plaintiff and the construction cost only 1835, and it is recognized that the plaintiff received KRW 10 million from the account in the name of the defendant from the account in the name of the defendant.