1. From July 22, 2017 to April 10, 2018, the Defendant’s KRW 27 million to the Plaintiff as well as the Plaintiff’s annual rate of KRW 6% from July 22, 2017 to the Plaintiff.

1. Basic facts

A. The Defendant is an individual entrepreneur engaged in construction business, etc. under the trade name of “C”.

B. Around April 2017, the Defendant entered into a contract with the Plaintiff for remodeling to a cafeteria “E” restaurant (hereinafter “instant construction”) located in Boh-si D in the city of the operation of the Plaintiff (hereinafter “instant contract”).

C. Around June 2017, the Plaintiff completed the instant construction work, and the Defendant paid KRW 10 million to the Plaintiff on April 25, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The gist of the Plaintiff’s assertion 1) determined the instant construction cost as KRW 44,220,014 in the instant contract, and the Defendant is obligated to pay the Plaintiff the total construction cost of KRW 3,420,014 (i.e., the total construction cost of KRW 44,220,014 - KRW 10,000) and the delay damages therefrom (i.e., the Defendant’s assertion that the Defendant entered into the instant contract with F, the Plaintiff’s husband, and thus, the Plaintiff does not have any claim for the construction payment against the Defendant. (ii) contrary to the provisions of the instant contract, there is no change of construction, erroneous construction, and defect, etc. in the instant construction work, and damages to the Defendant due to the Plaintiff’s delay. It is unreasonable to request the Plaintiff to pay the entire construction payment

B. 1) Determination 1) In cases where an actor who entered into a contract with a party to the contract performed a legal act in the name of another person, as to whom the actor or the title holder is deemed the party to the contract, the actor or the title holder shall be determined as the party to the contract in accordance with the consent of the actor and the other party. In cases where the intent of the other party does not coincide with that of the actor, the contract shall be concluded, including the nature, content, purpose, and conclusion