1. Defendant in the first instance judgment, including the primary claim against Defendant B, which was added by this court.

1. Basic facts

A. The Plaintiff is a person operating a construction equipment leasing business, and Defendant B (hereinafter “Defendant Company”) is a company that runs a business, such as construction and soil construction business.

Defendant C is a person who operates a project, such as construction work, under the trade name of “D.”

B. On August 9, 2013, the Defendant Company was awarded a subcontract for the increased construction of a meal room in the E-school (hereinafter “instant construction”). On the part of the instant construction, Defendant C re-subcontracted the construction of reinforced concrete and other construction (hereinafter “construction of reinforced concrete, etc.”) during the instant construction.

C. On November 5, 2013, the Plaintiff paid 3.3 million won to the F Company upon Defendant C’s request.

On May 12, 2014, Defendant C drafted a letter of payment with the following content to the Plaintiff:

I would like to pay by July 30, 2014 each E-school equipment substitution and card price of E-school equipment KRW 15,300,000.

I will assume the civil and criminal responsibility in the United States of America.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 5, the purport of the whole pleadings

2. The plaintiff's assertion

A. On August 9, 2013, Defendant Company: (a) subcontracted the instant construction of reinforced concrete, etc. during the instant construction to Defendant C; and (b) ordered Defendant C to use the name of the managing director of Defendant C; and (c) indicated Defendant C as the manager of the instant construction.

Accordingly, the plaintiff mispercing the defendant corporation as the owner of the business, entered into a service contract for the lease and removal of construction equipment, such as refacing season, with the defendant C, with the fee of KRW 12 million, and carried out the removal of the structure by inserting the construction equipment at the construction site of this case under the above contract. Upon the request of the defendant C, the plaintiff paid 3,00,000 won for the F company.

Therefore, the defendant C is a party to each of the above transactions, and the defendant C is a nominal lender under the Commercial Code.