1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who runs the steel framed construction business, and the Defendant is a corporation that runs the construction business, the housing construction business, etc.

B. On November 20, 2015, the Plaintiff received a contract from the Defendant during the period from November 20, 2015 to November 15, 2016, for the construction cost of KRW 72,700,000, and for the construction period of construction from November 2, 2015 to November 15, 2016.

C. Around January 2016, the Plaintiff entered into a construction contract (hereinafter “E”) with a request from D, the president of the Defendant, for the implementation of a neighborhood living facility construction project, by setting the construction cost as KRW 10 million, and without preparing a written contract. D.

Around February 2016, the Plaintiff completed the two above construction works. However, on May 7, 2016, the Defendant, who did not pay the construction cost, received a written confirmation of the payment of the construction cost under the Defendant’s name (Evidence 2; hereinafter “instant written confirmation”) stating that KRW 15,774,650,000 shall be paid until May 13, 2016, and KRW 10,000,000,000, respectively, until May 27, 2016.

E. On May 13, 2016, the Plaintiff received KRW 15,700,000 from the Defendant for the remainder of C Corporation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion concluded a construction contract with the defendant through D, which is the president of the defendant, and entered into a construction contract with the defendant orally at the request of D, and accordingly, received the letter of confirmation in this case with the defendant's corporate seal affixed thereon. According to the agreement under the above letter of confirmation, the defendant shall pay the plaintiff the construction price. Even if not, D is a person working for the defendant company, and the defendant shall pay the above construction price to the plaintiff according to the expression representation under Article 126 of the Civil Act or the employer's liability under Article 756 of the Civil Act.