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

A. On May 2017, the Plaintiff is a construction company that had been performing the construction of three buildings, such as the building located in the following city C, and the Defendant is a person who operates a D agency, and Nonparty E is a person who operated a F agency.

B. Around May 2017, the Plaintiff entered into a contract with E and the construction site of the building (hereinafter “instant contract”) for the supply of materials, such as new time, door, lighting, etc. (hereinafter “instant contract”) at the price of KRW 100 million.

C. On June 30, 2017, the Defendant issued a copy of the passbook in the name of the Defendant and a copy of the Defendant’s business registration certificate to E.

E, around June 30, 2017, preparing a written contract with the Defendant on the instant contract, and entered the date and time of the contract in the contractor column as “D Sales E”, and entered the Defendant’s agricultural bank account in the account to be paid. E, on June 30, 2017, the Defendant issued a tax invoice, including the supplier “Defendant”, “Plaintiff”, “Plaintiff”, and “10,000,000 won” in total.

F. On June 30, 2017, the Plaintiff transferred KRW 110 million to the Defendant’s agricultural bank account.

G. Around July 2017, the Plaintiff and E rescinded the instant contract, and the Plaintiff was returned 6,3680,000 won from E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness E's testimony, purport of whole pleading

2. The plaintiff's assertion

A. 1) Since the Defendant issued the Defendant’s passbook and its business registration certificate to E to conclude the instant contract, the Defendant should be deemed to have granted the right of representation to E as to the instant contract. 2) Even if not, the Defendant issued the passbook and its business registration certificate to E, thereby indicating the granting of the right of representation. Since the Plaintiff entered into the instant contract by mistake, the Defendant shall be liable for the expressive representation under Article 125 of the Civil Act.

3 Apparent representation is established.