1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

The plaintiff is a person engaged in the sales and construction business of building materials in the trade name of "D", and the defendant B is a person engaged in the construction business in the trade name of "E".

Defendant B was awarded a contract from F on April 7, 2014 with the 160 million won (value-added tax separate) for the new construction of multi-household G located in the Jeonju-gun G (hereinafter “instant construction”).

C used the job site of E at the site of the instant construction project, and performed the work of managing and supervising the instant construction project.

C On June 2014, upon entering into a contract with the Plaintiff and the Defendant on June 1, 2014 on the condition that the instant subcontract work is subcontracted for KRW 9.8 million (hereinafter referred to as the “instant subcontract”) of the roof board, the instant work, and the Simphishing work (hereinafter referred to as the “instant subcontract work”), and set up a contract with the same content.

At this time, C entered the ordering person in the above contract as “original E C”, and signed as “the Director C”.

Since June 7, 2014, between July 31, 2014 and July 31, 2014, the Plaintiff completed the instant subcontract.

C On June 11, 2014, the Plaintiff and the instant subcontract agreement agreed to pay the prices for interior and wooden materials that the Plaintiff supplied to the construction site of this case, “(i) the prices for the materials supplied by the Plaintiff to the construction site of this case are paid directly to the Plaintiff by June 30, 2014, and if the said ordering person does not make any direct payment, it is liable for the payment of the said material price, and ② the construction price for the portion executed by the Plaintiff under the instant subcontract is to be paid within 10 days after the completion of construction (hereinafter “the instant contract”).

At this time, C entered the “person supplied” in the instant contract as “E Director C” and signed as “Director C”.

The Plaintiff’s instant case between June 7, 2014 and July 31, 2014.