1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 1, 2008, the Defendant’s referring “C” under the name of the J, a spouse, registered a business and provided a creative construction business, and closed on October 31, 2009.

B. On December 4, 2013, the Defendant registered his/her business under the trade name “L” and discontinued his/her business on March 17, 2016.

C. The location of “K” and “L” operated by the Defendant is the same as that of the Dong-gu M building N (Road Name Address: Busan Dong-guO) in Busan.

On April 2015, the Plaintiff received a name named “K Company C” and supplied the title of this case at C’s request.

[Reasons for Recognition] Unsatisfy, Gap's 1 to 3, 5, 7, Eul's 2 to 5 evidence, Gap's 1 to 3, and Eul's 2 to 5, the result of this court's order of submission of tax information about Busan's

2. The parties' assertion

A. The Plaintiff’s assertion 1) The amount of KRW 56,713,400, which was used in the construction work of H apartment units (hereinafter “instant title”) from the Defendant engaging in the construction work in the name of “G” around April 2015, the Plaintiff is the amount of KRW 56,713,400 (hereinafter “instant title”).

A) Upon receiving the order, the Defendant was not paid the price of the goods until now. Accordingly, the Defendant, as the party to the instant title supply transaction, is obligated to pay the Plaintiff the price of the goods, KRW 56,713,400 as the price of the goods, and damages for delay thereof. (2) Even if the Defendant is not deemed a party to the instant title supply transaction, the Defendant, the representative of “L”, allowed C to conduct business using L’s trade name, and C placed an order for the instant title while engaging in L’s business, and thus, the Defendant is obligated to pay the said price of goods and damages for delay as the nominal owner under Article 24 of the Commercial Act.

B. Since the Defendant’s assertion is the Defendant’s party to the instant title supply transaction between the Plaintiff and the Defendant’s assertion is not the Defendant, the Defendant is subject to the instant title supply transaction.