1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the claim added to this court) is dismissed.

3. Action.

1. Basic facts

A. The Plaintiff is a corporation whose main business is the manufacture, sale, and repair of vessel engine and parts, and the Defendant is a corporation engaged in vessel management business, international shipping agency business, etc.

B. The Plaintiff, at the request of the Defendant from January 2016 to December 2016, ordered the repair and supply of parts of “C”, a ship owned by D, a corporation.

(hereinafter referred to as “B” corporation “C” is the case’s repair, etc. of the vessel “instant repair, repair and components.” The repair cost is KRW 57,230,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. A. The summary of the parties’ assertion 1) The Plaintiff received a request from the Defendant and received the instant repair, etc., and the Defendant is obligated to pay the Plaintiff the repair cost of KRW 57,230,000 as a contracting party, and the damages for delay thereof. Since the Plaintiff was unaware of the fact, even if the contracting party is not the Defendant, the Defendant is obligated to pay the said repair cost to the Plaintiff under Article 48 of the Commercial Act as the representative of the said vessel owner company (the legal brief dated November 16, 2018 of the Plaintiff). Since the Defendant is merely entrusted with the management of the instant vessel by the vessel owner company, the contracting party related to the instant repair, etc. is the vessel owner.

In addition, since the plaintiff was aware that the contracting party is the owner company, the defendant is not liable for the performance of his agent under Article 48 of the Commercial Act.

B. 1) In cases where an actor who entered into a contract as a contracting party performs a legal act under the name of another person, as to whom the actor or holder of a title deed is a party to the contract, the intent of the actor and the other party is consistent.