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. The Defendant was operated as a joint representative system of C and D from March 2, 2015 to December 2, 2015, prior to D resignation, as a company for housing construction business, etc.

B. On October 29, 2015, D entered into a design service contract (hereinafter “instant contract”) with the Plaintiff engaging in a building design business as the Defendant’s joint representative director, to establish a building of 10 stories above the two parcels, Daegu-gu, Seoul-gu, and the two parcels (hereinafter “instant building”) owned by the Defendant, and entered into a design service contract (excluding value-added tax) with the amount of KRW 86,813,650 (excluding value-added tax) (i.e., “the representative director of the design standard contract for evidence No. 7” is written as “D et al.”); and (ii) the Plaintiff applied for a building permit on behalf of the Plaintiff, however, agreed that the Defendant separately bears design costs, such as an energy saving plan, and the expenses incidental

C. On November 6, 2015, the Defendant entered into a contract to sell land owned by the Defendant, including the said building site, with F, and received down payment from F. In the column for the special terms and conditions of the said contract (Evidence B (Evidence B), the Defendant stated that “the Defendant corporation will take over the said land by transfer in consultation with the Defendant and F.”

On December 2, 2015, F was later appointed as the defendant's joint representative director.

F is the defendant's joint representative director, and the date and contents of the contract (the representative director of the evidence A No. 1 stated "F et al." as "one other") that are the same as that of the plaintiff's standard design contract.

However, F did not pay the remainder of the land for purchase to the Defendant, and accordingly the sales contract was rescinded.

F has resigned from the defendant's joint representative director on February 3, 2016, and D again assumed office as the defendant's joint representative director.

E. The Plaintiff completed the design service as stipulated in the instant contract, and on January 12, 2016, on behalf of the Defendant, filed an application for a building permit on the instant building with the head of Daegu Northern District on behalf of the Defendant, and during that process, from the Defendant.