1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The assertion;

A. The Defendant was awarded a contract from the Korea Native Power Co., Ltd. for the New Construction Corporation B on the racing market (hereinafter “New Construction Corporation”). The Plaintiff was awarded a subcontract for the said Construction Work from the Defendant.

B. On March 3, 2012, the Plaintiff concluded a construction contract with the Defendant for reinforced concrete (hereinafter “instant construction contract”) by leasing the name of the subcontracted D’s reinforced concrete construction work among the instant new construction works, upon the request of the Defendant, who is a construction manager of the Defendant. The content of the construction contract was from April 9, 2012 to October 31, 2012, and the construction cost was KRW 1 billion (including value-added tax).

C. From May 3, 2012 to November 8, 2012, Non-party 1, Inc. (hereinafter only referred to as the “Jink Dok Dok Dok do Do do Do do Do do Do do Do do Do do do do d) supplied the market value equivalent to KRW 65,761,520 at the instant construction site

Busan High Court Decision 2013Da11833 Decided February 17, 2015 rendered a judgment against the Plaintiff and the Defendant to pay KRW 32,528,320 and delay damages.

(B) The claim against the Defendant by Schlage was dismissed.

D. On October 14, 2015, the Plaintiff prepared a written agreement with the Busan District Court for the racing of Daegu District Court on the 20th of the same month, and responded to the collection of KRW 38,300,209 according to the collection order and the seizure of claims and collection order on the 20th of the same month.

E. However, the plaintiff lending the name to the above D for the instant construction work is by the defendant's request, and since the actual execution of the instant construction work is the defendant, the defendant is liable to pay the construction cost to the vice-contractor as the actual contracting party.

However, even though the defendant was the last person to whom the purchase-price of the goods was paid to the Bolim, the plaintiff paid the purchase-price of KRW 38,300,000 to the Bolim.