(hereinafter referred to as the “instant contract”). The subcontract agreement for the removal works: B corporation, and the name of the subcontractor for the construction works: D (representative Plaintiff): The name of the subcontracted construction works for the F removal works: The contract amount of 25 million won within 35 days from the commencement date of the construction works for the F removal works: The contract amount of 6 lots outside Gangseo-gu Seoul Metropolitan Government, and the contract amount of 35 million won: B shall deposit 3.5 million won with the contract amount of the removal works.

At the time of entering into the instant contract, Defendant C used a name stating that Defendant B Company (hereinafter “Defendant Company”) is a general director, and the instant contract bears the employee seal of the Defendant Company.

The Plaintiff paid 3 million won as cash and check to Defendant C, 2 million won as account transfer, and 32 million won as total.

Since then, the removal corporation did not proceed under the above contract, and the plaintiff notified the defendants of the cancellation of the above contract and demanded the return of the deposit.

【Ground for Recognition: Each entry of Gap-1 to 5】

2. In determining the Plaintiff’s primary claim, the issue is whether Defendant C entered into the instant contract on behalf of the Defendant Company.

In this case, the defendant C, while speaking about the case of the contract of this case, agreed that the defendant C would have to enter into the contract of this case in the name of the defendant corporation and to pay and proceed with the performance deposit, etc. by finding out the scrap metal generated from the removal work as the defendant company.

Thus, the defendant C voluntarily conferred the right of representation in entering into the contract of this case, and even if the defendant C, who is not the defendant C, received the deposit, it shall be deposited.