1. The Defendant: KRW 45,087,945 for the Plaintiff and KRW 5% per annum from November 10, 2016 to December 5, 2017; and

1. Basic facts

A. The Plaintiff is a person who engages in construction business with the trade name “D” in Gangnam-gu Seoul Metropolitan Government, and the Defendant is a person who works for a company E (hereinafter “foreign company”) that engages in construction, construction, civil engineering, etc. as “head of a department.”

B. On November 4, 2014, the non-party company concluded a contract for a construction project with the Plaintiff and its construction works to the extent that the contract amount of KRW 125,000,000 and the construction period from October 20, 2014 to December 30, 2014.

(hereinafter “the instant construction contract”). 【The ground for recognition】 The fact that there is no dispute, entry in Gap evidence 1 and 2, and the purport of all pleadings

2. Determination

A. The plaintiff asserts that the plaintiff is liable for damages because the defendant, in receiving a subcontract for the construction work of this case from the non-party company, lent the name of the plaintiff to the non-party company, and did not perform all of the construction cost and tax issues, etc., but failed to perform it properly, etc., and thus, he is liable for compensation for damages. Accordingly, the defendant asserts that the plaintiff who did not have experience in the construction work of this case only actively participated in the construction work of this case beyond the scope of the non-party company's work officer's work. 2) The plaintiff cannot respond to the plaintiff's claim taking full account of Gap's evidence 3-1, 2, 12, and 13, the statement of evidence No. 3-1, 12, and 13, and the whole purport of the argument at the witness G's testimony, the defendant, who worked as the head of the non-party company, was unable to enter into a subcontract in his name after being subcontracted by the non-party company, but was introduced from G to the plaintiff.