1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On May 30, 2014, the Defendant entered into a subcontract with the Dong Mine Construction Co., Ltd. (hereinafter “Dong Mine Construction”) and the “C-lane Packing Construction Co., Ltd.” (hereinafter “C-D-D-D-D-D-C-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D-D

B. The Plaintiff sold in the trade name of “D,” and supplied construction materials, such as Gohap, at the request of E and F, from May 29, 2014 to November 18, 2014 (hereinafter “instant supply contract”); and the Plaintiff did not receive KRW 12,890,700 out of the price of the materials up to the present date.

C. On the other hand, on May 30, 2014, the field agent reported by the Defendant to the same mine construction concluded the instant supply contract was G.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 10, Eul evidence Nos. 1 and 10 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff supplied construction materials, such as Gohap, to the Defendant pursuant to the instant supply contract concluded with E and the field management team leader, the Defendant, who is the Defendant’s on-site agent, and thus, the Defendant is obligated to pay to the Plaintiff the said amount of 12,890,700 won and damages for delay thereof (the contractual liability). (2) If the above E and F did not have the authority to conclude the instant supply contract on behalf of the Defendant, the Defendant indicated that the right of representation is conferred on the above E and F, and thus, the Defendant is liable for the expressive representation pursuant to Article 125 of the Civil Act, or is based on the said E and F, and thus, the Defendant is liable for the expressive representation pursuant to Article 126 of the Civil Act. Therefore, the Defendant is obligated to pay the said unpaid amount of 12,890,700 won and damages for delay.