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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. The Defendant, who runs a construction business (private enterprise) with the trade name of “C”, was awarded a contract for construction of a new neighborhood living facility and one house (five floors with steel reinforced concrete structure (five floors)) on the said land from “D” and “E, which owns one half of the share of 231 square meters in Nam-gu, Incheon.
(2) On April 6, 2017, the Defendant drafted a written contract for a construction project with respect to the construction work of reinforced concrete building works (hereinafter “instant construction works”) among the said new construction works to KRW 200 million (excluding value-added tax) and to the construction period from April 6, 2017 to May 30, 2017.
However, in fact, the plaintiff and the non-partyO entered into a partnership (the non-party did not prepare a clear partnership agreement) contract for the construction of this case, and the plaintiff and the non-partyO borrowed the name of G, which is the representative of P, who is the owner ofO, and entered into the contract as above after receiving a subcontract for the construction of this case from the defendant.
(3) Accordingly, the Plaintiff had certain suppliers of construction materials, such as steel bars and temporary materials supply the materials necessary for the instant construction, or provided some of the wood trees and daily workers with the instant construction site and labor. TheO directed and supervised the entire construction of the instant construction at the construction site.
The instant construction was commenced on April 6, 2017 and completed around June 2017, and thereafter, D and E completed registration of initial ownership on September 29, 2017, respectively.
(4) Meanwhile, the suppliers of materials, etc. at the construction site of this case were issued G in the future, and G issued a tax invoice to the Defendant in order to receive the instant construction cost, and G in April 6, 2017 (the sum of the supplied prices and value added tax; hereinafter the same shall apply), KRW 5 million, and May 27, 2017.