1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 6% from June 3, 2015 to October 19, 2015.

Basic Facts

The plaintiff is a person who engages in a building business under the trade name of "C".

On May 4, 2015, the Plaintiff was awarded a contract for construction works from D.

The construction cost under the construction contract between the Plaintiff and D was set at KRW 28,000,000.

At the time of the conclusion of the contract, the written estimate for construction works delivered to D is written that D carries on the business in the name of “E”.

The plaintiff received 3 million won deposit from D on the day of the contract as above, and the above amount was deposited from the account in the name of the defendant.

The defendant is a person who engages in the construction business, etc., and was originally engaged in the business with the trade name "F" and changed the trade name on March 17, 2014.

After changing the above trade name, the Defendant and D engaged in construction business under the same trade name as “E”. However, the Defendant was engaged in each activity in the Jeonju area, and D in the Jung-Eup/Ysan area.

The defendant also lent the passbook under his name in the activities of D'E'.

On June 2, 2015, the Plaintiff completed the contracted construction work from D.

According to the construction contract between the plaintiff and D, any balance of the construction cost excluding the down payment is paid when the plaintiff completes the construction work.

[Based on the basis of recognition] A, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the whole purport of pleadings, and pursuant to Article 24 of the Commercial Act, a person who permits another person to run a business by using his/her trade name shall be jointly and severally liable with the third person who trades his/her business by misunderstanding himself/herself as a business owner.

In this case, according to the facts recognized above, the defendant used the trade name "F" and changed the trade name "E" to the trade name "E" and permitted D to conduct a construction business with the trade name "E", and the plaintiff used the trade name "E".