1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 to 3 as to the cause of the claim, the plaintiff is a person who conducts the painting construction business with the trade name "D" in Ansan-si's member C, and the defendant is a person who conducts the interior, general construction, etc. with the trade name "F" in Songpa-gu Seoul, Songpa-gu, Seoul, and the plaintiff completed the painting construction work after being awarded a contract with the defendant on July 10, 2014, but did not receive construction cost of KRW 3,920,000.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the interest rate of 20% per annum from September 23, 2015 to September 30, 2015, which is the day following the delivery date of the original copy of the instant payment order, and 15% per annum from the next day to the day of full payment (the statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is amended, and the provisions on the statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings are amended until September 30, 2015, and 20% per annum from October 1, 2015 to the next day).

Although the defendant only lent the name of the business operator and did not have the obligation to pay the construction price to the plaintiff since he did not operate his business, the defendant's above assertion is without merit since there is no evidence to acknowledge it.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.