공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the evidence No. 1 through No. 3, evidence No. 14, and evidence No. 14 as well as the purport of the entire pleadings in the testimony of the witness C, the Plaintiff prepared a contract with the Plaintiff, as described in the attached Form C, and at the time, the Plaintiff was paid KRW 40,00,000 as an advance payment from C on April 16, 2014, with the Defendant’s name.
2. Judgment on the plaintiff's claim
A. The Plaintiff filed a claim with C, the Defendant’s agent, signed the instant contract with C to enter into the said contract and carried out construction works accordingly, and on August 2014, the lower rate of the firstman exceeds 70%.
Nevertheless, since the Defendant did not pay the construction cost at all, the Plaintiff completed the construction site at the construction site of the same month, and the said contract was terminated on the grounds that the Defendant did not pay the construction cost thereafter.
According to this, the Defendant is obligated to pay the Plaintiff the unpaid payment amount of KRW 163,09,729 and the delayed payment amount of KRW 163,09.729.
B. First of all, it is insufficient to acknowledge that C had the authority to act for the Defendant on behalf of the Defendant on the basis of the health unit, evidence No. 11, evidence No. 12, and evidence No. 12, and testimony of the witness C, which seem to correspond thereto at the time of the preparation of the instant contract, and there is no evidence to acknowledge otherwise. Rather, in light of the following circumstances acknowledged by each evidence adopted by the court, it is difficult to deem that C had the authority to act on behalf of the Defendant at the time of the preparation of the instant contract.
Therefore, the plaintiff's claim is without merit without examining the remainder of the claim.
① A seal affixed to the name of the defendant in the instant contract.