공사대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, except for the plaintiff emphasizing or adding the following arguments in this court, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.
Therefore, the reasoning for this court's explanation concerning this case is as follows: (a) this court's "this court" as "the first instance court" under the fourth 7 of the judgment of the first instance; and (b) each "witness witness" under the same act as "the witness of the first instance court" respectively; and (c) the plaintiff added "2. Additional Judgment" under the main sentence of Article 420 of the Civil Procedure Act as stated in the reasoning of the judgment of the first instance except for adding "the second 2. Additional Judgment" as to the argument that the plaintiff emphasizes or added
2. Additional determination
A. The Plaintiff’s assertion (1) E recognizes that, in preparing the instant electrical construction contract, Defendant B’s act of entering into the instant electrical construction contract constitutes an expression agent under Article 126 of the Civil Act and thus, Defendant B bears the contractual responsibility accordingly, on the ground that the Plaintiff’s agent was aware that Defendant B received the completion of construction with the Plaintiff’s electrical construction certificate, and Defendant B believed that he was granted the Plaintiff’s power of representation from Defendant B, and there was a justifiable reason to believe that Defendant B was entitled to prepare the instant electrical construction contract, such as Defendant B’s participation in the preparation form of the instant electrical construction contract.
(2) Even if Defendant B cannot be deemed as a party to the instant electrical construction contract, or the aforementioned expression agency is not established, Defendant B completed the instant electrical construction as the Plaintiff’s goods or labor, and thus, Defendant B is not paid out of the amount of electrical construction under the instant electrical construction contract.