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 December 2015, the Plaintiff supplied ornamental plants, etc. to D’s “F” site located in Y, and received a request from D to implement interior landscaping, and received KRW 6,000,000 from G on December 21, 2015, and performed the supply of ornamental plants and the interior landscaping work (hereinafter “instant construction work”).

B. On January 2016, the Plaintiff: (a) obtained the Defendant’s business registration certificate (name of a legal entity: C., representative: H) from D by facsimile; and (b) made and issued a tax invoice using the Defendant as “the recipient” at his/her request.

C. The Plaintiff has not received the remaining construction cost up to now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. As to the issues and the subject of the contract with the Plaintiff on the instant construction, the Plaintiff asserts that he is the Defendant, and the Defendant asserts that he is a D individual.

3. Determination

A. According to the purport of the entire statement and argument of the facts of recognition 1) Nos. 1 through 7, 11 (including where there are serial numbers), as to the contracting parties, 1) concluded a contract for the transfer of all of the shares owned by I in the purchase price of KRW 3,200,000 between D and D on December 17, 2014 (However, D entered into a contract under the name of J) with D to transfer the entire shares owned by I in the purchase price of KRW 3,20,000.

(2) The following facts: (a) D and I prepared a letter of performance of the above transfer and acquisition agreement on two occasions on January 13, 2015 and March 27, 2015; (b) D and I have taken office as the defendant's representative director from April 15, 2015 to December 30, 2015; (c) J have taken office as the defendant's representative director from December 30, 2015 to June 30, 2016; (d) on February 29, 2016, D and I started business with the name of "K"; (c) the transfer and acquisition agreement between D and I became null and void because D and I did not pay the balance of purchase and sale; and I again assumed office as the defendant's representative director on June 30, 2016.