공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The following facts do not conflict between the Parties:
On November 13, 2014, the Plaintiff and the Defendant’s employees C prepared a construction subcontract agreement (the evidence No. 3; hereinafter “instant construction contract”) under which the Defendant contracted the Plaintiff with the light construction work (including value-added tax) among the interior works of the third floor of the building imposition of the third floor of the building in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant construction work”). On November 13, 2014, C affix the Defendant’s name tag and the Defendant’s representative director’s seal as the Defendant’s name seal at the bottom of the said construction contract.
B. On November 23, 2014, the Plaintiff completed the instant construction.
2. The parties' assertion
A. The Plaintiff’s assertion that the instant construction contract was made by granting the right of representation from D, which was the Defendant’s representative director C at the time of the Defendant’s employee C, and thus, the construction contract was concluded effective between the Plaintiff and the Defendant, and the Plaintiff completed the instant construction work thereafter, the Defendant is obligated to pay the construction price to the Plaintiff. If C does not have the right to prepare the said construction contract, the Defendant shall be liable for the name trustor’
B. The Defendant’s indoor construction project imposing the Defendant’s assertion is a construction project contracted individually by C from the head of the imposed original body, and there is no reason to subcontract this to the Plaintiff. The instant construction contract in this case is null and void since C prepares the Defendant’s name plate and the official seal of the representative director without permission.
3. On November 13, 2014, the Plaintiff and C contracted the instant construction project to the Plaintiff with the Plaintiff at KRW 26,40,000 (including value-added tax). On the bottom of the construction contract, C affix the Defendant’s name plate and the Defendant’s representative director’s official seal at the lower end, and the fact that the Plaintiff completed the said construction project on November 23, 2014 is as seen in the above basic facts.
At the time, C is authorized to prepare the instant construction contract on behalf of the defendant.