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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff appointed I as the Plaintiff’s field agent and the field director after receiving a new construction of the instant apartment, and concluded an agreement with I for the construction work with I and completed the new construction of the instant apartment.
The defendant asserts that the party to the contract for the new construction of the instant multi-family housing is J, but the J is only a partner and an executor of the said new construction project with the defendant.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 1,139,000,000 calculated by subtracting the total amount of KRW 861,00,000,000 from the agreed construction cost of the instant newly-built construction project, which was paid directly to the Plaintiff or the total of the construction cost that was paid directly to the Plaintiff, and the agreed damages for delay from May 14, 2017, which was thirty days after the date of approval for use of the instant collective housing.
B. The plaintiff's assertion is merely a company that lent his name to J, and the defendant concluded a contract for the new construction of the instant multi-family housing with the J lending the plaintiff's name, and therefore, there is no obligation to pay the plaintiff the construction price for the plaintiff's assertion.
Even if the Defendant is obligated to pay the Plaintiff the new construction cost of the instant case.
Even if the new construction work of this case is completed in the middle of the construction work of this case and the defendant directly carried out the remaining construction work, the above construction cost claimed by the plaintiff cannot be recognized. If the defendant deducts the construction cost of this case paid to J et al. and the expenses incurred in repairing defects in the apartment house, the construction
3. Determination
(a) The person who executes the pertinent legal doctrine contract in the name of another person;