1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The plaintiff is a person who is engaged in job placement business under the trade name of "C", and the defendant is a person who re-subcontracts the structural part of the structural part among the Gao Construction Co., Ltd., the subcontractor of the structural part of the Doo Construction Co., Ltd. (hereinafter "the instant construction work").

B. At the Defendant’s request, from July 15, 201 to October 7, 2011, the Plaintiff supplied a total of 233 human resources (such as trees and ordinary members; hereinafter “the instant father”) at the instant construction site, and accordingly, the total amount of human resources supply is KRW 2,2260,000.

C. The Plaintiff subrogated the Plaintiff’s share of KRW 22,260,000 to the instant father supplied at the construction site of this case.

On the other hand, around November 30, 201, the Plaintiff received KRW 5 million out of the above human resources supply price from Dong Construction Co., Ltd.

[Ground of recognition] The fact that there is no dispute, Gap's evidence or Gap's evidence, Gap's evidence or 3, Gap's evidence, 9, and Eul's evidence (including branch numbers, if any), Eul's witness E's testimony, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion was made with the Defendant after concluding the instant human resources supply contract, and the Plaintiff supplied the instant human resources supply contract on behalf of the Defendant, and on behalf of the Defendant, the Defendant is obligated to pay the Plaintiff the remainder of KRW 1,726,00,000, which remains after deducting the amount of KRW 5 million already received from the said human resources supply amount from KRW 22,260,000, and damages for delay.

B. The parties to the contract of human resources supply contract between the Plaintiff and the Defendant are not the Defendant, and thus, they cannot respond to the Plaintiff’s claim.

3. First of all, we examine the determination of the parties to the instant human resources supply contract.

(a) Where the person who executes the contract has done a juristic act under the name of another person, any of the actors or holders of the contract;