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. Basic facts

A. On November 6, 2017, the Defendant entered into a contract with the Defendant to conclude a contract for DNA remodeling work (hereinafter “E”) with the Defendant’s “E” by setting the period of construction C and C from September 22, 2017 to December 20, 2017.

B. Since C was a business operator who is only able to carry out the interior works, the Defendant and C agreed to handle the remainder of the construction works other than the interior works among the instant construction works as if the Defendant directly operated. Accordingly, C paid the construction price to the subcontractor by holding the passbook of the Defendant and remitting it from the Defendant’s account.

C. On November 17, 2017, the Plaintiff requested C to perform waterproof and painting construction among the instant construction works, and C, from November 20, 2017 to December 31, 2017, set the construction period as KRW 88 million (including value-added tax) and granted the Plaintiff a contract form under the Defendant’s name (hereinafter “instant contract”).

On December 24, 2017, the Plaintiff issued a tax invoice of KRW 88,00,000 for the construction cost to the Defendant as the other party. On December 31, 2017, the Plaintiff completed the waterproof and Paint construction work.

On January 23, 2018, the Plaintiff received KRW 50 million from the account under the name of the Defendant, but did not receive the remaining construction cost of KRW 38 million.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 4, Eul's evidence No. 1, and the result of the first instance court's order to submit financial transaction information to the F bank Gwangju business division, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion C concluded the same contract with the Plaintiff on behalf of the Defendant, and the Defendant is obligated to pay the remaining construction cost of KRW 38 million.

Even if the right of representation is not recognized, the defendant shall pay 38 million won for the above construction cost by representation of Article 126 of the Civil Code or by the liability of the nominal lender of Article 48 of the Commercial Code.