1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. E: (a) on July 3, 2015, F Co., Ltd. (hereinafter “F”) was established; (b) on October 22, 2015, each of the Defendant was operated as a representative director.

B. The Plaintiff is a business title of “I” for the purpose of the business of constructing automated equipment control devices, and operated the said business through the J, a Eastern J.

C. The Plaintiff ordered the construction from the Defendant as follows, and completed the construction work, such as the progress, in the pertinent company.

순번 업체명 진행내역 공사대금 1 W(주) 자동화시스템 A/S 450,000원 2 ㈜X 제습기 이설 200,000원 3 Y Blending mixer 인버터 설치/시운전, 기존 회로 개조 200,000원 4 Z(주) 온도/잔량 경보장치 제작/설치 700,000원 제습기 설치/시운전 200,000원 5 ㈜AA 자동화 라인증설 250,000원 6 AB(주)/AC 제습기 판넬 탈거/제작/시운전 1,600,000원 7 AD 사이드피더 제어판넬 제작/설치/시운전 1,200,000원 8 AE 제습기AS(PCL교체) 200,000원 9 AF DHL-850형(6.3KW)/화랑 FA향 250,000원 합계 5,250,000원

D. The Plaintiff received, respectively, KRW 3 million on November 16, 2016, and KRW 1 million on December 21, 2016, respectively, from the Defendant as payment for the said construction work.

[Ground of Recognition] A; Gap evidence 3-6-8; Gap evidence 5-1; Gap evidence 6; Gap evidence 7; Gap evidence 11; Gap evidence 13; Gap evidence 14; Eul evidence 14; whole purport of oral argument

2. According to the above facts, since the plaintiff completed the construction work ordered by the defendant as a total of 5,250,000 won, the defendant is obligated to pay the plaintiff the unpaid construction price of KRW 1,250,000 among the above construction price.

The defendant asserts that since the construction work has been ordered to the J, the plaintiff does not have the obligation to pay the construction price to the plaintiff.

Since the plaintiff has ordered construction works under the name of business operator I, the rights and obligations of the parties to the contract that the plaintiff takes place under the name of I are the parties to the contract.