1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On January 6, 2012, the Defendant subcontracted the instant construction work from a Co., Ltd. Co., Ltd. (hereinafter “instant construction work”), and re-subcontracted the instant construction work to B on January 10, 2012.

B. However, since B did not have a construction business license and did not have a business registration, it performed the instant construction under the name of the Defendant externally. For this purpose, the Defendant provided the Defendant’s employee seal impression to B, and issued a tax invoice under the name of the Defendant when receiving the materials, etc.

C. Around October 2013, B entered the oil supply agreement in which “The Defendant supplied oil to be used in the vehicle in the instant construction site by the Plaintiff, and settled the oil at the end of each month, and pays the price in cash within 30 days thereafter,” the Defendant’s name, address, the representative director’s position and name, and affixed a seal to the Defendant’s employee.”

On the other hand, the Plaintiff supplied oil equivalent to KRW 15,524,175 on October 3, 2013, KRW 662,200 on the instant construction site, KRW 6,168,145 on November 6, 2013, KRW 207,355 on December 2, 2013, and KRW 3,486,475 on January 3, 2014, and issued a tax invoice to the person who is supplied with the Defendant on each of the above oil supply.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 evidence (including branch numbers if there are above numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is a party who entered into the oil supply contract of this case with the plaintiff and is obligated to pay 15,524,175 won of the unpaid oil price and delay damages therefor.

Even if the defendant is not a party to the oil supply contract of this case, the defendant is obligated to pay the above money under Article 24 of the Commercial Act as a person who lent his name to B.

B. The parties that concluded the oil supply contract with the Defendant are not the Defendant.