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. The parties' assertion

A. The Plaintiff’s assertion 1) On March 31, 2014, between the Defendant and the Defendant who manufactured, processed, and sold agricultural products and food, the term “kimchi-making improvement work within the Chungcheongju Business Place” (hereinafter “instant construction work”).

(2) After entering into a contract on construction work, the Plaintiff agreed to revise the construction work content on several occasions. The Plaintiff completed the construction work in accordance with the final agreement, and agreed to settle the construction work price in this case with the Defendant at KRW 25.3 million (including value-added tax). (2) The Plaintiff separately supplied the Defendant with the instant construction work date in the course of the instant construction work, which is equivalent to KRW 7.20,000,000.

3) Since the Defendant paid KRW 1.8 million out of the proceeds relating to the instant construction project, it is obligated to pay the remainder to the Plaintiff (i.e., KRW 25.2 million to KRW 720,000,000 to KRW 720,000) and damages for delay. (ii) The Defendant’s assertion 1) that the Defendant decided to contract the instant construction project with the Plaintiff at a contract price of KRW 160,000,000 to the Plaintiff is merely that the F used the Defendant’s corporate seal to use the F’s corporate seal for the construction project, and the actual difference between the construction cost and the scope of the construction project performed by the Plaintiff at the Defendant factory. Therefore, it cannot be deemed that the contract for the instant construction project was concluded between the Plaintiff and the Defendant.

2) Even if it is acknowledged that the Plaintiff and the Defendant entered into a contract for the instant construction project, the instant construction cost was borne by the lessor C (the representative D or his father, who is the actual representative C, and the Plaintiff consented thereto, so the Defendant is not liable to pay the construction cost.

2. Determination

A. We examine whether the contract for the instant construction project was concluded between the Plaintiff and the Defendant, as well as evidence Nos. 3, 4, and 5.