1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Summary of the parties' arguments

A. On August 1, 2014, the Plaintiff’s summary of the Plaintiff’s assertion made a contract with the Defendant to construct money (hereinafter “the instant work”) on the land B in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant work”), and paid the said personnel cost and material cost, etc., and performed the said construction work as 80,033,403 contribution per unit.

Therefore, the Defendant is obligated to pay the construction price and damages for delay in the amount of KRW 480,200,418 (=the above KRW 80,03,403 x 6) to the Plaintiff.

B. The summary of the Defendant’s assertion did not have concluded a contract for the instant construction project with the Plaintiff, and merely concluded a contract for the instant construction project with the Plaintiff, which borrowed the Plaintiff’s name, and thus, the Defendant did not have a duty to pay the said contract price to the Plaintiff.

Even if the defendant assumes that he is liable to pay the price for the instant construction work to the plaintiff, the above construction cost of the plaintiff's assertion cannot be recognized. In addition, if the defendant deducts the price for the instant construction work paid to C, etc. and the cost necessary for repairing defects existing in the said money, the construction cost to the plaintiff is not payable to

2. Determination as to the contractor of the instant construction

A. As to who is a party to a legal act in the name of another person where an actor who enters into a relevant legal doctrine is deemed a party to a legal act in the name of another person, the intent of the actor and the other party shall be determined as the party to the contract in accordance with the same intent. If the other party does not coincide with the intent of the two parties, the other party shall be determined by taking into account the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstances of the contract.