1. The Defendant: (a) KRW 51,200,000 for the Plaintiff and 5% per annum from December 21, 2016 to January 10, 2018; and (b) the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who conducts the requisitioning construction business without registration of business, and the Defendant Company is a company that conducts the construction business of metal structures.

B. On January 11, 2013, when the current representative director of the Defendant Company, C, a husband of the representative director of the Defendant Company, was operating a creative construction business under the name of “D,” the Defendant Company was incorporated with the trade name of “B Co., Ltd.” in order to give the necessary construction license upon the recommendation of “D,” and thereafter, the representative director of the Defendant Company was assigned from that time until January 11, 2016.

C. Since E was recorded as the employee of the Defendant Company on February 20, 2013, E used the vice president of the Defendant Company with C’s consent to take charge of the work of ordering construction and the work management for the Defendant Company.

C Around March 2013, F was awarded a contract with F for the construction of windows and metal from among the remodeling works of building located in Yeonsu-gu Incheon Metropolitan City G, and E requested the Plaintiff of the roof and outer wall cream and timber construction among them.

The plaintiff was put into the construction site and continued construction, but did not receive KRW 54,700,00 among the construction cost.

E. Meanwhile, on April 29, 2013, after the progress of the construction project, C drafted a standard subcontract agreement for construction works (hereinafter “instant construction contract”) with F as a contracting party with “D” as a private business chain as a contracting party.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3 (including additional number), Eul evidence 3, E's testimony, the purport of whole pleadings

2. The parties' assertion

A. The other party who asserted with the Plaintiff and entered into a contract is the Defendant Company, and the Defendant Company is liable to pay the unpaid construction cost to the Plaintiff.

It is not so.

Even if the defendant company is liable for the name-holder.

B. The construction site of the Defendant’s assertion is the site where the “D” is awarded to the Defendant Company, not the Defendant Company, and the Plaintiff is not the subcontractor, but the sub-contractor and the sub-contractor directly from F.