A. On May 29, 2015, the Defendant contracted the same Gun C Public Sewerage Maintenance Project (hereinafter “instant construction”) from Jindo-gun, and subcontracted all of the instant construction works to D.

However, in order to avoid the legislation that limits the package subcontract, the defendant reported that the defendant subcontracted only the reinforced concrete construction work (structure construction work) to the limited company E, which is substantially operated by the D, during the instant construction work.

B. Upon F’s request, the Plaintiff supplied safety goods, etc. at the construction site of this case from July 20, 2015 to November 12, 201 of the same year.

At the time of concluding the above supply contract with the plaintiff, F used a name tag indicating himself as the defendant's on-site manager with the defendant's permission, and the time of delivery by the plaintiff was before reinforced concrete construction start.

C. The Plaintiff supplied safety goods, etc. as above and received electronic tax invoices in its name from the Defendant.

However, the Plaintiff received 16,913,206 won from the Defendant from among the total amount of 40,56,196 won, and did not receive the remainder of 23,652,990 won.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 7, including various types of numbers, Eul evidence 1 and 7, the purport of the whole pleadings

2. In light of the above fact-finding, the authority to conclude a contract on necessary materials at a construction site is generally belonging to the head of the site (see, e.g., Supreme Court Decision 94Da20884, Sept. 30, 1994) and the Defendant’s right to represent the conclusion of the contract in relation to the portion to be performed externally in its own name even if the construction of the instant case is subcontracted to D internally, even if all of the construction of the instant case is subcontracted to D, the Defendant granted to F the right to represent the conclusion of the supply contract directly or through D

I would like to say.

Thus, the defendant is the above delivery contract.