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. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following judgments as to the argument that the defendant raised in the trial of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act as it is.
2. Additional determination
A. 1) The Plaintiff believed that D has the authority to conclude a contract for construction on behalf of the Plaintiff on behalf of the Defendant, and that the Defendant is liable for the expressive representation without negligence. 2) In order to recognize the Defendant’s expressive representation liability, the Defendant indicated D the granting of the power of representation to the Plaintiff (Article 125 of the Civil Act) or was authorized to act on behalf of D (Articles 126 and 129 of the Civil Act), and there is no evidence to acknowledge this as seen earlier, and therefore, the Plaintiff’s assertion in this part is without merit.
B. Ratification 1) The Plaintiff asserts that the Plaintiff ratified D’s act of unauthorized Representation by depositing the construction price into the Plaintiff. 2) According to the evidence and the purport of the entire pleadings as seen earlier, D appears to have paid the construction price to the Plaintiff using the account in the name of the Defendant, and as long as D is not deemed to have been entrusted with the authority to conclude a construction contract from the Defendant, D’s payment cannot be deemed to have been made. Therefore, the Plaintiff’s assertion based on the premise that D paid the construction price is without merit.
C. The Plaintiff asserts that, in the event that the Defendant was not recognized as a party to the contract, the Plaintiff received the construction cost after the Defendant had the Plaintiff perform the instant construction work and received the construction cost from the Dododo governor. (2) However, the instant construction work is the Defendant’s construction, or the Defendant received the construction cost from the Dodo governor.