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

Purport of claim and appeal

1...

A. The Plaintiff is a person who engages in a service business, such as design, editing, and printing, under the trade name of “C,” and the Defendant is a company that engages in the business of manufacturing concrete products.

B. Around July 13, 2010, D joined the Defendant and has been in charge of the preparation of CAD drawings, design work, and national funeral service. Around June 27, 2014, D requested the Plaintiff to estimate the production of CAD drawings for publicity purposes.

C. Accordingly, on July 1, 2014, the Plaintiff prepared a written estimate stating “3,90,000 won for planning (i.e., planning fee of KRW 900,000,000), production cost of KRW 3,321,520, progress cost of KRW 332,152, delivery cost of KRW 100,000, total of KRW 7,653,000 for delivery cost of KRW 7,653,00 (excluding value-added tax, and KRW 3,00 for unit of KRW 1).”

[Ground of recognition] Facts without dispute, testimony of witness D of the first instance court, purport of whole pleadings

2. Summary of the parties' arguments;

A. Plaintiff 1) The Defendant’s chief executive director, who is the primary cause of the claim, ordered D to conduct the manufacture of the cals for public relations purpose, and D had been in charge of the manufacture of the cals to the Plaintiff according to the direction of the representative director. In other words, the Defendant’s representative director is the Plaintiff and D’s contract for the manufacture of the cals to the

(2) As to the conclusion of the instant contract, even if there was no explicit or implied approval of the Defendant’s representative director regarding the conclusion of the instant contract, D is an employee of the Defendant who constitutes a trade employee with a partial comprehensive power of attorney under Article 15 of the Commercial Act and constitutes a trade employee with D’s act of concluding the instant contract with the Plaintiff, and thus, the Defendant is obligated to pay the Plaintiff the cost of C’s design (i.e., planning cost of KRW 3,900,000, value added tax of KRW 329,000) and damages for delay.