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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion ① On May 10, 2016, when both the Defendant (Appointed Party) and the Selection Party B (hereinafter collectively referred to as “the Defendant”), concluded a contract for removal of the building on the ground of Incheon Jung-gu, E, and asbestos disposal (hereinafter “instant contract”), and accordingly, completed the removal construction and asbestos disposal. As such, the Defendants, as the parties to the instant contract, are obligated to pay the Plaintiff the construction cost of KRW 92,456,364 under the instant contract (i.e., removal construction cost of KRW 72,00,000) x value-added tax 1.1).
② Even if no representative director was delegated with the authority to conclude the instant contract by the Defendants or granted the power to represent the Defendants, in light of the fact that F Co., Ltd., the representative director of which was the contract for the construction of a new building for the said removal site, and even before that, C entered into a building design contract on behalf of G on behalf of the Defendants, C had justifiable grounds to believe that the Plaintiff had the authority to conclude the instant contract on behalf of the Defendants, the Defendants are liable for the expressive representation under Article 126 of the Civil Act as to the instant contract.
③ After the conclusion of the instant contract, the Defendants observed the progress of the removal works, and did not raise any objection to the Plaintiff during the period of the removal works near one month. Thus, the Defendants ratified C’s act of unauthorized Representation. Therefore, the Defendants are obliged to pay the construction cost under the instant contract to the Plaintiff.
B. The Defendants alleged by the Defendant did not grant C the right of representation for the conclusion of the contract with the Plaintiff, and did not conclude a contract for construction work with F Co., Ltd. or conclude a building design contract with G.
In addition, the defendants are allowed to construct new buildings to C.