1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of payment under paragraph (2) is revoked.

2.

1. Facts of recognition;

A. The Plaintiff is engaged in the business of selling and installing air conditioners with the trade name of "D", and the Defendant operates the skin management and the four-day store with the trade name of "G" in the members E and F of Ansan-si, Ansan-si.

B. The Plaintiff from June 25, 2015 to the same year

8. By the end of 27.27, he supplied six air conditioners equivalent to KRW 4,113,00 to the Defendant, and completed the Defendant’s work of installing pipes and air conditioners (hereinafter “instant work”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 8, Eul evidence No. 2 (including additional evidence) and the purport of the whole pleadings

2. (1) According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 6,513,00 won per annum as stipulated in the Civil Act from August 28, 2015, which is the day following the delivery of air conditioners and the completion of construction thereof (i.e., KRW 4,113,000,000), and to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from the next day until the day of full payment.

(2) As to this, the Defendant: (a) delegated the installation work of air conditioners H; and (b) paid KRW 12 million for the construction cost; and (c) under the contract with the Plaintiff, H entered into the instant construction; and (d) accordingly, the parties to the instant construction are not the Defendant, but H.

The following circumstances, which are acknowledged by each of the above evidence, Gap evidence Nos. 5 and 10, and the purport of the whole pleadings, are as follows: ① all of the instant construction works were conducted at the defendant’s place of business; ② the defendant commenced business from July 1, 2016; and the instant construction works were conducted before the defendant started its business; thus, the defendant’s trade name or business number is not stated in the transaction statement.