1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant is the council of occupants’ representatives composed of five apartment units B in Daejeon, Daejeon, for the management of 705 households (hereinafter “instant apartment units”).

On May 1, 2012, the Plaintiff entered into a collective housing consignment management contract (hereinafter “instant consignment contract”) with C Co., Ltd. (hereinafter “Nonindicted Company”) during the contract period from June 1, 2012 to May 31, 2015, and entrusted the management of the instant apartment to the Nonparty Company.

B. On February 14, 2014, the Plaintiff entered into a contract for construction works (hereinafter “instant construction contract”) with Nonparty Company and the construction cost of KRW 156,970,00 (including value-added tax) for the construction work, from April 10, 2014 to June 30, 2014, setting the rate of liquidated damages for delay at 2/1,000 of the contract price per day (0.2%) for the construction work (hereinafter “instant construction contract”).

C. On August 29, 2014, the Plaintiff completed the instant construction and submitted the completion report to the Defendant and the Nonparty Company, and the completion report is written at KRW 156,970,000.

On January 5, 2015, the Defendant held a council of occupants' representatives and resolved to pay to the Plaintiff the remainder of KRW 33,177,200 (including value-added tax) for delay compensation equivalent to KRW 13,413,800, and KRW 500,000, among the remainder of the construction price of this case 47,091,00,000.

E. On January 12, 2015, the Defendant paid KRW 33,177,200 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 8-1 through 3, Eul evidence 18, 20, and 24, and the purport of the whole pleadings

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the actual party to the instant construction contract is the Defendant, and thus, the effect of the instant construction contract belongs to the Defendant. Since the instant construction contract is extended due to the extension of the air due to the Dacheon and the Defendant’s request for reconstruction, the Defendant reflects the increased amount of wages due