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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The plaintiff.
Reasons
1. Basic facts
A. On December 16, 2016, the Plaintiff engaged in the construction business, etc. under the trade name D entered into a contract for interior construction with C, under which the construction period is 35,00,000 won (excluding value-added tax) with respect to the interior works of F with the first floor of Etel 105 (hereinafter “instant restaurant”) in Namyang-si, Namyang-si (hereinafter “instant construction works”).
B. The Plaintiff completed the instant construction project pursuant to the instant construction contract, and received KRW 20,530,000 in total as the construction cost during the period from December 20, 2016 to August 18, 2017.
C. Meanwhile, business registration of the instant restaurant is made in the name of the Defendant, the wife of C.
[Reasons for Recognition] Facts without dispute, Gap's 1 to 3, 6, 7 evidence, Gap's 5-1 to 3, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff asserts that the Defendant, as the actual party to the instant construction contract, expressed his/her intent to repay the instant construction cost to the Plaintiff, the Defendant is jointly and severally liable with C to pay the unpaid construction cost of KRW 14,470,000 (=35,000,000 - KRW 20,530,000) and damages for delay thereof to the Plaintiff.
Therefore, comprehensively taking account of the overall purport of the pleadings in Gap evidence No. 8, the defendant's cell phone from June 28, 2017 to August 5, 2017 as the plaintiff's cell phone from the defendant's cell phone to "F. I send the defendant's cell phone with the defendant's cell phone "F. I have the te. I have the te. I have the te. I have the te. I have the te. I have the te. I have the te. I will keep the e., every month from July 2000 to the first day of every month. I have to have the 1.5 million won first and deposited every month. I have the e.g., the e., the e., the deposit in the next week and the e.g., the fact that the text message was sent, but the above facts alone are recognized.