1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. On April 8, 2014, the Plaintiff entered into a construction contract with C, a field manager of the Defendant, for the extension work of neighborhood living facilities located in Gwangjin-gu Seoul Special Metropolitan City, with the construction cost of KRW 130 million.

However, the defendant does not pay the plaintiff the construction cost of KRW 60 million even after receiving the construction cost from the owner of the building. The defendant is obligated to pay the plaintiff the construction cost and the delay damages.

B. Even if it cannot be deemed that a contract for a construction project was concluded with the defendant company, since the expression agency (Article 126 of the Civil Act) is established or the defendant company ratified the act of unauthorized Representation (Article 126 of the Civil Act), the defendant is liable

2. Determination

A. According to the Defendant’s conclusion of the construction contract (1) Party A’s evidence No. 1, the Plaintiff’s name between C and C, a field manager of the Defendant Company, on April 8, 2014, can be acknowledged as the fact that the Plaintiff entered into a construction contract with Party C, a field manager C, using the personal seal, with the construction cost of KRW 130 million.

(2) Unless there are special circumstances, the head of the construction site office is a person who generally takes charge of the work related to the construction work at a specific construction site, and is an employee delegated with the specific type of business or specific matters as prescribed in Article 15 of the Commercial Act, and barring special circumstances, he/she is deemed to have only a partial comprehensive right of representation as to the relevant work (see Supreme Court Decision 2011Da79838, Feb. 28, 2013). C cannot be deemed to have been entrusted with the authority to conclude a separate construction contract for the Defendant Company. Furthermore, according to the above facts acknowledged, C used personal seal without using the name or official seal of the representative director, and it cannot be recognized that the construction contract was concluded between the Plaintiff and the Defendant.

B. (1) If a person intends to assert the effect of an apparent representation beyond the authority under Article 126 of the Civil Act, his/her own name.