1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

1. The following facts are acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence No. 1 and evidence No. 1 (including paper numbers).

A. The construction of the Do governor General Construction Co., Ltd. (hereinafter “Do governor General Construction”) was jointly awarded a contract for the construction of the Do office building in the Gwangju District Prosecutors’ Office that was ordered by the Ministry of Justice.

B. As of October 20, 2010 with respect to the packing construction among the aforementioned new construction works (hereinafter “instant construction works”), a subcontract agreement was made with the contractor, the Defendant, from October 20, 2010 to December 25, 2010, with the price of KRW 536,80,000 (including value-added tax) as the contractor, the contractor, and the construction period.

(2) The plaintiff's assertion and judgment as to the contract formed by the above contract

A. 1) The actual contractor of the instant construction is the Plaintiff, and the Plaintiff borrowed the Defendant’s packing construction business license and concluded the instant contract in the name of the Defendant. 2) At the time of the Plaintiff and the Defendant, the Plaintiff and the Defendant acquired the Defendant’s license rental fee equivalent to 5% of the net construction cost (the total construction cost less value added tax) out of the construction cost to be paid from the Domin Integrated Construction, etc.

3) Since then, the Plaintiff directly performed the instant construction and obtained approval for completion on April 10, 201, and the Defendant was paid KRW 484,827,417 (value-added tax of KRW 44,075,220) from Domin General Construction, etc. (value-added tax of KRW 44,075,220). However, the Defendant spent KRW 318,209,720 in total as the cost of the instant construction, such as material cost and personnel expenses, and thus, the Defendant is obligated to pay KRW 318,20 in total to the Plaintiff from KRW 484,827,417 plus KRW 22,037,610 (value-added tax of KRW 440,752,197 x 5/100).

(b) Determination Party A’s evidence Nos. 21, B’s evidence Nos. 1, 2, and 3, and witness C of the first instance trial, in light of the following facts or circumstances, which are recognized or known to Party A: