1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 23, 2014, the Simjin Construction Co., Ltd. (hereinafter “Hamjin Construction”) contracted for construction of a new building A in Gyeonggi-gun with the Defendant at KRW 495,00,000 for the said new construction work.

B. After that, the Defendant entered into a contract with “C” as the representative on July 3, 2014 to re-subcontract the above 423,000,000 won for the construction cost ( approximately 85.45% of the subcontract price).

C. Meanwhile, around the beginning of May 2014, when the Plaintiff was requested from D, who is the husband of B, and the actual operator of C, as the husband of B, and the actual operator of D, to perform a large amount of construction among the above swimming pool and wooden works, the Plaintiff suspended the operation of materials after consultation with D on September 9, 2014, while continuing the operation of materials from June 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and 8 (including each number; hereinafter the same shall apply), witness D's partial testimony, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the plaintiff's assertion was that D was in the position of the defendant at the time when the plaintiff was requested by D to perform the above light quantity construction work, or at least was using the defendant's position with the defendant's permission. At the time, the plaintiff was lawfully entered into a sub-subcontract with the defendant through D with a partial comprehensive power of attorney under Article 15 of the Commercial Act, or entered into a sub-subcontract with D with the defendant at least as a nominal borrower under Article 24 of the Commercial Act in relation to the defendant.

Therefore, the defendant shall pay to the plaintiff 23,314,742 won (including value added tax) and damages for delay as the party to the sub-subcontract on the above large volume construction or its nominal lender at the time of the settlement of the above Section.

As to this, the defendant.