The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. Basic facts

A. The Construction Co., Ltd., Dried Construction Co., Ltd., refined Development Co., Ltd., and Japan Construction Co., Ltd. (hereinafter referred to as the “Co-Supply”) contracted by the Office of Education at Jeonnam-do by organizing a joint supply and demand organization (hereinafter referred to as the “Joint Supply and Demand”),

B. On August 27, 2014 between the instant joint contractors and the Plaintiff, a standard subcontract agreement (hereinafter referred to as “instant subcontract agreement”) was concluded between the Plaintiff and the instant joint contractors providing that “The Plaintiff shall fix the construction of reinforced concrete (hereinafter referred to as “instant construction”) among the said joint contractors as the construction period from December 2, 2013 to August 29, 2014, and the construction cost of KRW 916,087,00 (including value-added tax) and accept the subcontract.”

C. On January 13, 2014, the Plaintiff paid KRW 36,750,00 to the Defendant, KRW 15,784,60,00 on April 4, 2014, KRW 41,618,00 on August 19, 2014, KRW 50,000 on October 1, 2014, and KRW 94,652,60 (hereinafter referred to as “the instant money”) to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) lent the instant money to the Defendant, and received KRW 45,574,200 from the Defendant for repayment. As such, the Defendant is obligated to pay the Plaintiff the unpaid loan amount of KRW 49,078,400 ( KRW 45,574,200 - KRW 45,574,200) and damages for delay. 2) The actual party is the Defendant who performed the instant construction project by entering into a subcontract from the Defendant joint supply and demand company. The Plaintiff only lent the instant money to the Defendant under the name of the Defendant when the Defendant entered into the subcontract as above in accordance with the agreement with the Defendant, and only lent it to the Defendant under the name of the Defendant when the Plaintiff was paid a certain fee (4% of the construction price excluding value added tax). The amount claimed by the Plaintiff as the Plaintiff was settled in accordance with the agreement on the loan under the name of the Plaintiff.