1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. On November 1, 2013, the Defendant was awarded a contract for the construction work of Samju Factory Co., Ltd., Ltd. (hereinafter “instant new construction work”) with the construction cost of KRW 2,728,00,000 (including value-added tax) from Samju Ship Co., Ltd. (hereinafter “instant new construction work”).

B. On August 28, 2014, the Plaintiff, who was supplied with the Defendant, issued a tax invoice of KRW 63,800,000 as the construction cost of the waterproof Construction among the instant new construction works (hereinafter “instant construction”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. On April 2014, the Plaintiff entered into a subcontract for the instant construction project with C, who is the Defendant’s on-site agent (or on-site agent). C, as the Defendant’s on-site agent, has the authority to conclude a subcontract and pay the said subcontract on behalf of the Defendant. As such, the validity of the contract for the instant construction project extends to the Defendant.

In addition, even if the defendant ordered C to subcontract the new construction of this case en bloc, the defendant was bound to allow C to use the name of the defendant in executing the new construction of this case in order to conceal the existence of an illegal subcontracting contract. Therefore, the defendant should be held liable for the nominal lender under Article 24 of the Commercial Act.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 63,800,000 and damages for delay.

B. The defendant only ordered the new construction of this case to the defendant C to subcontract the new construction of this case, but not appointed C as the defendant's on-site agent (or on-site agent) or had the defendant perform the construction work in its capacity.

In addition, C does not have a construction business license and only registered C for the convenience of administrative affairs such as the commencement of construction works as the defendant's employee, and only allows C to hold the office of the field agent (or the site manager).