공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff is a company that manufactures steel structures, etc. in 10, Samnam-si 245-ro, Jeonnam-si, the Defendant is a company that manufactures steel structures, etc., and the Defendant is a company that manufactures steel vessels, repairs ships, etc. in Jeonnam-si,
B. Nonparty C was appointed as the president from the Defendant’s representative director and served from August 1, 2013 to March 31, 2014, and Nonparty B served as the Defendant’s regular director from August 13, 2013 to November 30, 2013.
C. B, around September 2013, pursuant to C’s instructions, entered into a contract with the Plaintiff on the instant construction work for the maintenance of the facilities in the Donnam-gun and 30 lots of land (hereinafter “instant construction work”). At the time, the Plaintiff presented KRW 21 million with respect to the construction work, but C did not accept the agreement.
From September 9, 2013, the Plaintiff commenced the instant construction project and completed it on October 2013, and issued a tax invoice with construction cost of KRW 20,350,000 (including value-added tax) to the Defendant on November 26, 2013, and requested the Defendant to pay the said construction cost in writing on December 19, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 7-1 and 2-1, witness C of the first instance trial, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition, B and the Plaintiff, representing the Defendant, agreed to make a subsequent settlement of the construction cost when concluding the instant construction contract, and the Plaintiff completed the instant construction work in accordance with the instant construction contract. As such, the Defendant is obligated to settle and pay the construction cost to the Plaintiff. Furthermore, there is no dispute between the Plaintiff and the Defendant as to the fact that there was no agreement on the construction cost to be paid by the Defendant, and that there was no agreement between the Plaintiff and the Defendant on the construction cost. Thus, the Plaintiff’s construction cost due to the completion of the instant construction work