1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant was awarded a contract with C (hereinafter “C”) for the new construction of the instant construction of the ground accommodation facilities (hereinafter “instant construction”).

The scope of a contracted construction work shall be as follows:

shall be separately determined in this subsection.

B. On March 10, 2016, the Defendant drafted a subcontract agreement with E Co., Ltd. (hereinafter “E”) and the instant electrical construction among the instant construction to subcontract the construction cost of KRW 66,00,000.

C. On October 6, 2016, the Plaintiff (former Company F) acquired the electrical construction business that E had operated from E by means of a merger after division.

The Defendant issued to the Plaintiff a tax invoice related to the electrical construction and a certificate of the performance of electrical construction among the instant construction works, and immediately transferred KRW 20,000,000, and KRW 20,000,000, which was remitted from C on May 17, 2016, to the Plaintiff around January 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 10, Eul evidence 1 to 3, and 6 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant received a subcontract for the electrical construction of this case from the Defendant for construction cost of KRW 101,06,90, and thereafter completed the said electrical construction.

Therefore, the defendant should pay to the plaintiff 61,066,90 won for the unpaid construction cost and damages for delay.

Even if C is assumed to have given a direct contract for electrical construction among the instant construction works, the Defendant shall be held liable for the nominal lender pursuant to Article 24 of the Commercial Act.

3. Determination

A. The court should recognize the existence and content of the declaration of intent in accordance with the content of the document, inasmuch as the authenticity of the judgment regarding the conclusion of the subcontract agreement is recognized, but if it recognizes the clear and acceptable proof of denial of the content of the statement, the content of the statement.