1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On November 1, 2014, the Plaintiff concluded a contract with the Defendant for the 35,200,000,000 won for the construction work of D shop located on the third floor of the building C in Busan, the Busan, the Plaintiff, and the Plaintiff completed the said construction work. The Defendant paid only the construction cost of 18,00,000 won and did not pay the remainder of 17,20,000 won, and thus, the Plaintiff is obligated to pay the said construction cost to the Plaintiff.

B. As the representative director of Defendant F Co., Ltd. (hereinafter “instant company”), the Defendant, on behalf of the instant company, concluded a contract related to the instant construction project on behalf of the Plaintiff, and thus, is not the Defendant but the instant company that is obligated to pay the construction cost to the Plaintiff.

In addition, the Plaintiff and the instant company determined the construction cost as KRW 35.2 million upon entering into a contract due to tax issues, and the actual construction cost is KRW 20 million, but the Plaintiff’s husband and the actual executor of the instant construction work are the Plaintiff’s husband and the instant company, and paid the construction cost by paying benefits by entering the instant company.

The instant company pays 18 million won to E in the name of benefit, while deducting 2 million won for the interim retirement, and ultimately performing all the obligations for the payment of construction cost of 20 million won. As such, the instant company does not bear any obligation against the Plaintiff.

2. Determination as to whether the Defendant is a party to the contract, and who is the party to the contract constitutes an interpretation of the intent of the party involved in the contract.

The interpretation of a declaration of intent clearly establishes the objective meaning that the parties have given to the act of indicating it, and in the event that the content of a contract is written between the parties to the contract, it shall not be written, but shall be written, regardless of the internal intent of the parties.