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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. On November 201, 201, the Defendant entered into a construction contract with the Plaintiff on and around November 1, 201, with respect to the aggregate construction works among the construction works for building lots of land C and two lots of land (hereinafter “instant construction works”).
A) The Defendant agreed to obtain a contract. The Defendant did not have a construction business license and did not have a limited liability company D (hereinafter “D”).
In concluding the contract, E asked E, a real representative of E, to use the name of D as a beneficiary in concluding the contract, and E consented thereto. Accordingly, as of November 28, 201, the Plaintiff, the Defendant, and E, as of December 30, 201, to February 15, 201, the contract amount of KRW 176,50,00 (value 160,500,000 value-added tax of KRW 16,50,000,000) was written, and the Defendant signed and sealed on the column of joint and several sureties under the above contract, and the Defendant commenced the construction work in this case and did not complete the construction work in this case, but failed to reach an agreement between the Plaintiff and the Defendant on February 15, 2012, which was scheduled to complete the construction work in this case.
E, on March 1, 2012, drafted a construction waiver note and a payment note (hereinafter “instant construction waiver note and payment note”) with the content of suspending the instant construction project, and agreed to return to the Plaintiff by March 5, 2012, the remainder of KRW 31,872,00,000, excluding the labor cost and material cost of KRW 72,828,000, which the Plaintiff paid to the contractor as the progress payment, excluding the labor cost and material cost of KRW 104,70,700.
[Reasons for Recognition] Gap evidence 1-1-8, Gap evidence 2-2, Gap witness E's testimony and the purport of the whole pleading
(b)in the determination of a contract for construction works, the contract is terminated in the middle of the construction works;