A. The Plaintiff is a person who runs a construction materials leasing business under the trade name of “B,” and the Defendant is a company that runs a construction business, such as soil and construction business.

B. Around May 2015, the Defendant received a contract from the mobilization and development of Co., Ltd. for the incidental soil works (hereinafter “instant construction works”) among the new construction works, and D was an employee of the Defendant Company and worked as the head of the site at the construction site of this case from that time.

C. On May 6, 2015, the Plaintiff entered into a contract for materials and equipment lease with D, who is the Defendant’s site manager, and supplied materials and equipment, such as containers, cryp, Nowon-gu, facsimile, and rabs, at the instant construction site.

(hereinafter “instant lease agreement”). D.

The above materials and fixtures were used from May 6, 2015 to April 14, 2016 at the construction site of this case, and the rent generated therefrom is KRW 22,075,00.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1-16, Eul evidence No. 5-1, purport of the whole pleadings]

2. The assertion and judgment

A. Since the contract of this case was concluded with D, a representative of the defendant asserted by the plaintiff, with D, the defendant is obligated to pay rent of KRW 22,075,00 and delay damages to the plaintiff.

B. The Defendant’s assertion that the instant lease agreement was null and void as it was concluded at will without authority by D. Since the Plaintiff was aware of such fact, the Defendant did not have the obligation to pay the Plaintiff rent under the instant lease agreement.

C. The site manager at the construction site of the relevant regulations and legal principles have a partial comprehensive power of representation as an employee entrusted with a specific type of business or specified matters under Article 15 of the Commercial Act, and the scope of his ordinary business is to enter into a subcontract and pay the construction cost related to the work in addition to the materials and labor management related to the work.