1. The plaintiff's claim is dismissed.

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

The plaintiff's assertion that caused the plaintiff's claim was accepted by the defendant from Hyundai Industrial Development Co., Ltd. (hereinafter "Modern Industrial Development") as a subcontract for soil and heating facilities construction among the new construction works of B Apartment Section, and the plaintiff was re-subcontracted by the defendant in the amount of KRW 630,170,000 (value added tax separately) of the construction cost of the said construction works.

(2) The Plaintiff’s assertion that the Plaintiff did not pay KRW 39,220,60 out of the construction cost was suspended when the Plaintiff was performing construction work from April 1, 2014 to January 25, 2015 under the said contract.

Even if the Defendant is not the party to the instant contract, the Plaintiff is liable for the apparent representation liability or the nominal name holder under the Commercial Act as it concluded the instant contract with the Defendant C, and thus, the said unpaid construction cost should be paid.

The defendant did not conclude a contract with the plaintiff.

The defendant only entered into a subcontract with E Co., Ltd. with D representative director (hereinafter referred to as “E”), and paid the construction price directly to workers, etc. at the request of E.

D is not a defendant's C or employee, but a defendant's name has not been lent to D.

However, the question of who is the party to the contract of this case is the party to the contract of this case is the interpretation of the party's intent.

The interpretation of expression of intent clearly establishes the objective meaning that the parties have given to the act of indicating it, and in the case where the content of a contract is written between the parties to the contract, it shall not be cited in the phrase used in writing, but it shall reasonably interpret the objective meaning that the parties have given to the act of indicating it according to the contents of the document regardless of the internal intent of the parties.