1. The Defendant’s KRW 28,00,000 and the Plaintiff’s annual rate of KRW 5% from October 1, 2015 to December 22, 2015.

1. The Defendant was awarded a contract from Samsung C&T for the portion of the “new construction works” among the “B-built construction works.”

On July 17, 2014, the Defendant entered into a contract to subcontract all of the above construction works to D Co., Ltd. (hereinafter referred to as “Co., Ltd.”) in the amount of KRW 379,000,000.

The plaintiff (trade name: C) was requested by the head of the field office of the Dispute Settlement Co., Ltd. in order to perform the relevant construction work from June to August 2015.

Of the Plaintiff’s construction cost of KRW 41,308,00, the Defendant paid KRW 11,400,000 on August 18, 2015. The Plaintiff and E agreed to pay the remaining construction cost of KRW 28,00,000 by reducing part of the remainder.

[Reasons for Recognition] A.1-4 Evidence, entry of evidence Nos. 1-5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant used the uniforms and name that indicate the defendant's trade name in order to conceal the fact of re-subcontract in the ordering office. The plaintiff is responsible for the name lender because the head of the field office of the dispute resolution D is mistaken that E is the defendant's on-site director, and the defendant is responsible for the name lender.

B. The Defendant’s assertion 1) The field director is not a representative director, and there is no authority to conclude a subcontract.2) The Plaintiff is not liable for the nominal lender because the Defendant was aware of the fact that he was awarded a sub-subcontract to the Dispute Resolution and E was the site director of the Dispute Resolution Co., Ltd.

3. Determination

(a) The site manager at a construction site, who has the authority to conclude a subcontract agreement with the site manager, may conclude a subcontract agreement and pay the construction cost thereof, and perform all acts related to the conclusion of a lease contract and the payment of rent thereof, etc., in addition to the management of materials and labor related to the execution of the works;

(see, e.g., Supreme Court Decision 94Da20884, Sept. 30, 1994). Accordingly, the site director E entered into a subcontract with the Plaintiff regarding the actual container construction among the creative works.