1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Construction of the Treatment Shipbuilding contracted the construction of the “C Apartment” to the Company B (hereinafter “B”).

B. After completing negotiations with the Defendant, who is in the position of director B, the Plaintiff was awarded a subcontract for the part of “inter-story buffer material and short heat construction” among the above construction works, but did not prepare a separate contract.

C. On October 31, 2013, the Plaintiff issued a tax invoice of KRW 32,500,000 in total for interim payments, and received KRW 32,500,000 from B on November 1, 2013.

On December 31, 2013, the Plaintiff issued a tax invoice of KRW 64,00,000 for progress payment in B, but failed to receive the price.

E. On June 3, 2014, the Defendant paid KRW 2,000,00 to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay the unpaid construction balance to the Plaintiff, as it is a contracting party who has concluded a subcontract with the Plaintiff using B’s name as “interest in installments”. 2) Even if the Defendant is not the other party to a subcontract, the Defendant paid KRW 2,00,000 out of the remaining construction cost as above to the Plaintiff.

B. As to the assertion that the Defendant is the other party to the contract, the Defendant concluded a subcontract by negotiating with the Defendant that the Plaintiff’s subcontract was a director B, but the fact that the Plaintiff did not prepare a contract related thereto is as seen earlier. In such a case, as to whom the contractual party is the party among the Defendant who directly entered into the contract and the Daewoo Shipbuilding Construction, first of all, if the actor and the other party agree with each other, the offender or the nominal person should be determined as the party to the contract as agreed upon.