1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company established for the purpose of soil construction business, interior construction business, etc.

B. The defendant is a company established for building, civil engineering work, etc.

Around October 2014, the Defendant received a contract from the owner of the instant construction works for the construction of the Jinhae-si B building (hereinafter “instant construction works”).

C. C is the field director of the instant construction as the Defendant’s employee.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Summary of the parties' arguments

A. On October 14, 2014, the Plaintiff asserted that the construction contract was concluded between the Defendant and the instant construction project, with the content that “sprinking, soiling and household facilities, reinforced concrete, incidental civil engineering, and landscapeing construction” was newly built for KRW 968,00,000 (hereinafter “instant contract”).

From October 31, 2014 to April 22, 2015, the Plaintiff issued a tax invoice of KRW 679,107,000 in total to the Defendant. The Defendant paid KRW 248,00,000 as construction price.

Since the Plaintiff later transferred KRW 29,760,000 among the remaining construction costs to D and six enterprises, the Defendant is obligated to pay the remainder construction cost of KRW 401,347,00 (i.e., KRW 968,00,000 - KRW 248,00,000 - KRW 29,760,000) to the Plaintiff and delay damages therefrom.

B. The Defendant asserted that the instant contract was concluded with E through the field director C of the instant construction project.

E only lends a construction business title from the Plaintiff and pays a rental fee to the Plaintiff.

Therefore, the defendant is not liable to pay the construction cost to the plaintiff.

3. Determination

A. As to who is a party to a contract in the case where an actor who enters into a relevant legal doctrine was engaged in a legal act in the name of another person, the intent of the actor and the other party should first be determined as the party to the contract, and the intent of the actor and the other party shall be in accord.