1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. The Plaintiff’s assertion 1) concluded a contract for the supply of wood materials with the Defendant on January 8, 2016, and supplied wood materials equivalent to KRW 17,772,902 on the 9th of the same month. As such, the Defendant is obligated to pay the Plaintiff the goods to the Plaintiff as a contracting party. 2) The Defendant concluded a contract with B that uses the Defendant’s representative position. The Defendant granted B an external appearance to believe that it has the authority to conclude a contract on behalf of the Defendant, such as allowing B to use the Defendant’s representative name, and granting B the right to conclude a contract on behalf of the Defendant.

Therefore, the defendant is liable to pay the price for the goods to the plaintiff.

3) Even though domestic affairs are not the Apparent representative director, B constitutes a commercial employee, who has at least a partial comprehensive power of attorney under Article 15 of the Commercial Act, such as internal supervision of production as the defendant factory manager and external performance of the defendant's business activities, etc., and thus, the defendant is obligated to pay the price for the goods to the plaintiff. 4) B, while working as the defendant factory, was supplied with wooden materials from the plaintiff, despite the lack of intent or ability to pay the price for the goods, by deceiving the plaintiff and receiving the materials from the plaintiff.

Therefore, the defendant is liable to compensate for damages in accordance with Article 765 of the Civil Code against the illegal acts of B as the employer of B.

B. Since the Plaintiff concluded a contract for the supply of wood materials with B and then supplied wood materials to C managed by B, the Defendant is not liable as a contracting party since it did not have concluded a contract for the supply of wood materials with the Plaintiff.

B Since the Plaintiff was not an employee of the Defendant at the time of supplying the above wood materials, the Defendant’s employer’s liability is not established. Since the Defendant was unaware of whether the Defendant used the name of the Defendant’s representative, B was unaware of the name of the Defendant.