1. The plaintiff's claim is dismissed.

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

1. The Defendant entered into a contract with C Co., Ltd. for the Humantery Works (hereinafter “instant construction”) among KimpoD works, and subcontracted some of them on January 16, 2018 to E Co., Ltd. (hereinafter “E”).

The Plaintiff operating building materials in the name of Kimpo-si, F in the instant construction site, supplied the construction materials equivalent to KRW 191,870,250 in total from January to June, 2018 (hereinafter “supply of the instant goods”), but only received KRW 32,418,00 among them, and did not receive the remainder of KRW 159,452,250.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 18, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion concluded the instant contract with the Defendant to supply the goods, which the Defendant is obligated to pay KRW 159,452,250 to the Plaintiff as the party to the said contract.

The plaintiff entered into the contract for the supply of the goods of this case with the introduction of those who use the defendant's position and name, so the defendant is responsible for the expression agency under Article 125 of the Civil

Around July 2018 to August 8, 2018, the representative director of the defendant stated that the plaintiff will settle the price of the goods, which constitutes the ratification of the acquisition of the obligation or the act of unauthorized representation.

B. The defendant's assertion that the contract for the delivery of the goods of this case was concluded with E, and there is no contractual relationship with the defendant.

E is merely a subcontracted part of the instant construction works from the Defendant, and E’s employees using the Defendant’s position and name are not the Defendant’s employees, and there is no authority to act for the Defendant, and the responsibility for expressive representation is not established.

The defendant's representative director stated that he will endeavor to pay the construction price to E, a subcontractor, and he will pay the plaintiff's debt directly on behalf of E.

or E's act of unauthorized representation has not been ratified.

3. Determination.