A. In around 2015, the Defendant received “Ahigh school dormitory expansion and other construction work” from the Office of Education of Daegu Metropolitan City Office of Education.

(hereinafter “instant construction project”).

B. The Plaintiff is a company that engages in stone construction, stone construction, and stone wholesale and retail business.

C. The Plaintiff received a subcontract for tin work among the instant construction works (hereinafter “instant tin work”) from B, who had a position in the site manager at the instant construction site, and completed the instant tin work from November 2015 to January 2016. The construction cost is KRW 72,435,00 (including value-added tax).

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, 3, 4, 6, 7 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff was obligated to pay the construction price of KRW 72,435,00 to the plaintiff, since the plaintiff entered into a subcontract with the head of the site of the construction site of this case and completed the construction work of this case.

Even if B is not the head of the Defendant’s site, the Defendant: (a) subcontracted the instant construction work in a lump sum after entering into a contract; and (b) registered B as the Defendant’s employee to conceal the fact of the said subcontract; and (c) the Plaintiff entered into a subcontract for the instant tin works with the knowledge of B as the Defendant’s site agent.

Therefore, the Defendant, as a mutual lessee under Article 24 of the Commercial Act, is obligated to pay the Plaintiff the instant stone construction cost.

B. On April 17, 2015, the Defendant asserted that the instant construction project was subcontracted to the Korea-China Construction Bank, and the Korea-China Construction Bank completed the instant construction project, and the Defendant paid the subcontract price to the Korea-China Construction Bank Co., Ltd.

The plaintiff and the defendant did not conclude a subcontract for the instant tin work.

B, the Plaintiff entered into a subcontract for the instant tin Corporation.