1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. Plaintiff 1) New and New Construction Co., Ltd. and eight others (hereinafter “the transferor of the instant case”).

The Defendant had a total claim of KRW 19,032,40,00 against the Defendant. However, the reasons are as follows: (a) the Defendant was awarded a contract for the C Extension Work in D (hereinafter “instant construction”) from a limited liability company (hereinafter “C”); and (2) the equipment installation work in B and the instant construction work was subcontracted to Ma to Ma, and the remainder of the civil engineering, steel bars, printing teams, and swimming teams (including interior works) construction work, etc. agreed to directly perform the construction work by the Defendant.

However, upon the interruption of the funeral construction due to the circumstances on the part of the defendant, C urged the continuation of the construction to the defendant and the substitute cancer facilities, and the substitute cancer facilities requested the plaintiff to perform the construction of the interior of the construction.

Accordingly, the Plaintiff promised to pay the price from F, who is the field manager of the instant construction, and ordered the transferor of the instant case to supply materials and carry out construction of the interior works. The transferor of the instant case completed the interior works by directly inserting the materials.

Therefore, the Defendant had a duty to pay the contract price to the transferor of the instant case.

(B) The Defendant: (a) even paid KRW 6,732,00 to the above company on October 28, 2014, according to the tax invoice issued by the Defendant with the Defendant to the person who is supplied with the chemical comprehensive shipbuilding (hereinafter “the Defendant”) (b) considering that the subcontractor of the instant case is not the Defendant, rather than the Defendant, the transferor of the instant case was aware of the transaction counterpart and issued the tax invoice, etc. in the name of the Defendant; (b) As such, the Defendant is liable for the nominal lender (preliminary assertion) under Article 24 of the Commercial Act; (c) on March 6, 2015, the transferor of the instant claim transferred the said claim to the Plaintiff.