1. Defendant C shall pay 49,180,000 won to the Plaintiff and 12% per annum from May 11, 2019 to the date of full payment.

1. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) The Plaintiff is an entrepreneur engaged in the creative iron construction business with the trade name of “E”. Defendant C is an entrepreneur engaged in the interior business with the trade name of “F,” and Defendant D is the operator of “F.” Defendant D is the actual operator of “G”. 2) Upon Defendant D’s request, the Plaintiff entered into a contract for construction work with “G” on the construction cost of KRW 38,259,000 for construction cost and KRW 49,730,000 for “I” located in Jung-gu Seoul Metropolitan Government H (hereinafter “H”) and completed the construction work from 2017 to 2018.

3) However, Defendant D is obligated to pay the remaining construction cost of KRW 49,180,00 (i.e., KRW 38,259,000, KRW 49,730,000 - KRW 38,809,00) and damages for delay, and Defendant C is jointly and severally liable to pay the said money with Defendant D as the nominal owner. (ii) Defendant D’s assertion 1) is the overall progress of G Corporation and H Corporation, but the contractual parties entering into the instant contract with the Plaintiff are Defendant C, the business owner, and thus, the Plaintiff’s claim against Defendant D is without merit.

2. Meanwhile, while concluding the instant contract with the Plaintiff, Defendant C decided to settle the construction cost after the completion of construction without fixing the total construction cost. Since the Plaintiff and Defendant C did not settle and confirm the construction cost, the Plaintiff’s claim against Defendant C is without merit.

2. Determination

A. The Plaintiff, one of the parties to the contract of this case, sent an estimate of the G Corporation and H Corporation of this case to Defendant D, and used each of the above works in accordance with Defendant D’s instructions, and the fact that Defendant D used the name “F and CED” as “F and CED” is either in dispute between the parties, or in pleadings set forth in Gap evidence 6, 7, and 9.