1. Of the judgment of the court of first instance, the defendant who ordered payment in excess of the amount ordered under the following paragraph (2).

1. Basic facts

A. On November 11, 2015, E drafted a written contract for a construction project with the Defendant as the contractor and the C Co., Ltd. (hereinafter referred to as “C”) for the construction cost of the garrising construction of the 36 generation household loans from Scheon-si D to KRW 1,634,00,000, among the new construction works of the 36 generation household loans on the D ground.

The plaintiff was awarded a subcontract for the above construction work from C.

B. On May 9, 2016, E drafted a construction contract under which the Defendant was named as the contractor and changed the price of the above C C to KRW 1,225,350,000 (hereinafter “the instant construction contract”).

C. On June 28, 2017, after the completion of the instant construction work, C transferred to the Plaintiff the claim amounting to KRW 174,069,455 that the Defendant had against the Defendant, and notified the transfer on the same day.

On June 29, 2017, the defendant received the above notification of transfer. D

On August 10, 2017, the Defendant received the above notice of transfer, and repaid KRW 30,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 9, 14, Eul evidence No. 3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is obligated to pay 14,00,000 won and delay damages therefrom to the Plaintiff who acquired the instant claim for the construction cost, deducting KRW 30,00,000,000 from the unpaid construction cost of KRW 174,069,455 ( KRW 174,069,4555-30,00,00).

B. Defendant 1) The Defendant only permitted the registration of the Defendant to use the name of the Defendant for the purpose of saving tax, etc., and did not allow the conclusion of the instant construction contract. Therefore, the parties to the instant construction contract are E, not the Defendant. 2) The Plaintiff agreed to receive a part of the unpaid construction cost from the Defendant, and the remainder of the construction cost is paid from E and not to claim the construction cost against the Defendant.