1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company running metal structure, creative work business, etc., and the Defendant is a company running a building work business, an engineering work business, etc.

B. On October 16, 2017, the Plaintiff drafted a written contract for construction works that the Defendant was awarded a contract for C metal construction works (hereinafter “instant contract”) and entered into a modified contract once thereafter, and the contract was concluded between October 16, 2017 and December 19, 2017, and the terms and conditions of the contract were determined to be KRW 385,200,000 for the contract period, from October 16, 2017 to December 19, 2017, and KRW 210,600 for advance payment.

C. On October 26, 2017, the Defendant paid KRW 210,600,000 to the Plaintiff as advance payment of the instant contract.

D From September 18, 2017, a person registered as a defendant's internal director was in charge of C Corporation-related affairs.

[Ground of recognition] Facts without dispute, Gap's 1, 2, 6, 3 through 6, and the purport of the whole pleadings

2. Determination as to the Plaintiff’s assertion that the Plaintiff was not a party to the instant contract

A. The Plaintiff asserts that “D is responsible for all construction works by lending only in the name of the party to the subcontract, and no matter arises in the future” from D, a field agent of the Defendant, merely lent the name of the contractor of the instant contract to D, upon request, and thus, is not a party to the instant contract. Therefore, the Plaintiff is not obligated to return advance payment under the instant contract.”

B. Where a party to a contract has done a juristic act using another person's name at will, if the intent of the actor and the other party to whom the person in question are the party is consistent, the act of the actor or the nominal person shall be determined as the act of the actor according to the same intent, but if such consistent intent cannot be determined, such acts shall include the nature, content, purpose, and circumstance of the contract.