1. The judgment of the court of first instance is modified as follows.

Defendant C shall pay to the Plaintiff KRW 3,372,847 and KRW 32,212,30 among them.

Basic Facts

On September 6, 2013, the Plaintiff obtained a construction permit to newly construct three-story neighborhood living facilities and housing on the ground of Busan Metropolitan City Do Do Do Do 160 square meters.

(2) On April 25, 2014, the Plaintiff and the contractor (hereinafter “Defendant B”) entered into a construction contract with the Plaintiff to contract the instant construction work to Defendant B with the construction cost of KRW 267,300,000 (excluding value-added tax).

The instant corporation was approved on December 24, 2014 after the completion of construction by Defendant C, using the title of the site director of Defendant B, in fact.

(hereinafter referred to as the “instant building”). [Grounds for recognition] The Plaintiff: (a) did not dispute the instant building; (b) stated the evidence Nos. 1, 12, and 13; and (c) claimed the purport of the entire pleadings, the gist of the Plaintiff’s assertion was the Plaintiff’s contracting the instant construction work to Defendant C in the amount of KRW 267,30,000 for construction cost (excluding value-added tax); and (c) separately from the instant construction, the Plaintiff contracted the interior interior interior interior interior interior interior interior interior interior of the building (hereinafter referred to as “tegical construction”).

In fact, Defendant C performed the instant construction and interior works.

However, the defendant C did not have a construction business license and carried out construction works by lending the name thereof from the defendant B. Accordingly, the construction contract was prepared in the name of the plaintiff and the defendant B.

Defendant C completed the instant construction and test construction before 162 days prior to the completion date of the agreement, resulting in KRW 52,654,860 for delay damages, and also incurred a defect in the amount of KRW 141,60,000 for the instant building.

Therefore, Defendant C is obligated to pay the Plaintiff the sum of KRW 194,254,860 for the foregoing liquidated damages and KRW 141,60,000 for the repair of defects, and KRW 194,254,860 for the compensation of damages. Defendant C is the nominal lender.