1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

1. Determination as to the cause of claim

A. The Plaintiff asserts that the Plaintiff is obligated to pay KRW 9 million and damages for delay, excluding KRW 7 million paid by the Defendant, among the construction cost of KRW 16 million agreed, since the Plaintiff performed removal work at the site of removal, such as Kimhae-si, D, and E, from June 29, 2015 to August 4, 2015, according to the oral construction contract with the Defendant (hereinafter “instant construction contract”).

In regard to this, the Defendant asserts that the Plaintiff’s conclusion of the contract is G as it is an individual who registered the business under the name of “F” rather than the Defendant corporation, and thus, the Defendant is not liable for paying the construction cost as alleged by the Plaintiff (the Plaintiff’s completion of the construction work in accordance with the instant construction contract, and the fact that the Plaintiff’s payment of the construction cost was nine

Judgment

In light of the following circumstances, it is reasonable to view that the conclusion of the instant construction contract with the Plaintiff is the Defendant, in view of the following circumstances, which are acknowledged by the respective descriptions and arguments set forth in subparagraphs 1 through 3.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 6, 2018 to the date of the delivery of the original copy of the instant payment order to the date of full payment.

① The Defendant, incorporated on July 24, 2014, used the trade name “F” before changing the trade name to “B” on November 22, 2017, and the name of the Company was indicated in each work log of this case as “F.”

② G (which was appointed as an auditor on November 22, 2017, and was registered as an auditor until now) who held office as the Defendant’s representative until July 24, 2017, the amount of KRW 5 million on July 31, 2015 as the deposit account in the name of the Plaintiff and KRW 2 million on February 6, 2016, respectively.