공사대금
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. Facts of recognition;
A. The Plaintiff is a company that engages in telecommunications and fire fighting business.
The defendant is the owner who has built a multi-family house on the ground of Seoul Jung-gu Seoul Metropolitan Government (hereinafter referred to as the "new construction works of this case").
B. On January 24, 2017, the Defendant entered into a contract with D to give KRW 200 million the instant new construction work to D.
[Reasons for Recognition] Unsatisfy, Eul evidence 1, Eul evidence 2, Eul evidence 4
2. Assertion and determination
A. On February 15, 2017, the Plaintiff asserted that the contract was concluded between the Defendant’s agent E and the instant new construction works.
Since the Plaintiff completed the telecommunications construction work on July 2017, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 10,052,90.
B. It is insufficient to recognize that the Plaintiff entered into a contract for telecommunications construction work with E lawfully granted the power of representation from the Defendant solely on the basis of the evidence No. 4 and evidence No. 11, and there is no other evidence to acknowledge it.
Rather, according to Gap evidence 10, Eul evidence 11, Eul evidence 11, Eul evidence 1, Eul evidence 4, Eul evidence 8, Eul evidence 11, Eul evidence 11, witness Eul's testimony and the whole purport of oral argument, Eul, which is an architect who has designed the above multi-family house, is required to issue a certificate of completion of telecommunications (the "certificate of completion of pre-use inspection" referred to in evidence 10) after the completion of the communications construction work and requested Eul to issue a certificate of completion of telecommunications (the "certificate of completion of pre-use inspection" referred to in subparagraph 10) from D, and around July 13, 2017, entered only the name, site location, construction period, contract date, and the part of the construction cost and the contractor are written with the defendant's seal affixed to the defendant's seal on the standard contract for telecommunications construction (Evidence 12) in blank and sent the plaintiff's employees to F by e-mail.