1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 21, 2017, the Defendant was awarded a contract for the construction of a building to be used as the instant G store from Nonparty E (hereinafter “instant E Association”) as the construction cost of KRW 485,375,000, and the construction period from July 25, 2017 to October 31, 2017 (this later construction period was extended to December 10, 2017).

B. Although the Defendant had the Plaintiff carry out the instant construction, it was impossible for the Plaintiff to carry out the instant construction work on the ground that the progress of the construction work was delayed on December 2017, and the Defendant directly carried out the construction work and completed the construction work on March 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 10, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Defendant borrowed the Defendant’s name and received a contract for the instant construction from the instant E Association. In fact, the Plaintiff performed the instant construction, and paid 5% of the profits accrued from the construction to the Defendant, and the remainder of profits is attributed to the Plaintiff.

However, as long as the Plaintiff could no longer perform the construction in the course of the construction in order to account for the profit of the instant construction, the Defendant directly completed the instant construction.

As a result, the Plaintiff suffered losses not exceeding KRW 90,000,000, which could have been acquired upon completion of the instant construction works.

In addition, while performing the instant construction project, the Plaintiff used KRW 7,518,000 as the Plaintiff’s personal funds while performing the retaining wall construction project at the site of another house near the construction site.

Therefore, the Defendant is obliged to pay the Plaintiff the total amount of KRW 97,518,00 (=90,000,000) and damages for delay.

B. First of all, the Plaintiff continued the instant construction and completed it.