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. The reasoning for the court’s explanation concerning this part of the basic facts is the same as that of the part concerning “1. Facts recognized” judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the

2. The plaintiff's assertion is "the contract of this case between C and material supply contract representing the defendant."

The Defendant is obligated to pay the price of the instant material to the Plaintiff, as the Defendant concluded the instant contract and accordingly supplied the materials to the Defendant. Even if there was no power of representation regarding the conclusion of the instant contract, the Plaintiff trusted that C had the power of representation as the head of the department to which C belongs and concluded the instant contract, and thus, the Defendant is liable to act as an expression agent (see Article 125 of the Civil Act). Lastly, even if D is the party to the instant contract as the Defendant asserted, even if D is the party to the instant contract, the instant subcontract clause stipulates that the Defendant shall pay the price of the material and its delay damages to the Plaintiff pursuant to the said special clause.

3. Determination

A. It is not sufficient to acknowledge that C obtained the power of representation as to the conclusion of the instant contract from the Defendant solely on the basis of the written evidence of evidence Nos. 3, 4, and 6 as to the assertion as to the right of representation, and there is no other evidence to acknowledge this otherwise.

(M) In full view of the overall purport of the pleadings in each statement of evidence Nos. 2 through 5, 11, 15, 20, 23, 26, 29, 30, 54 of Eul, C is only recognized as the representative director of D who was awarded a subcontract for the instant construction work from the defendant). Accordingly, this part of the assertion premiseding that C had the power of representation to conclude the instant contract is without merit.

B. The expression by the indication of the granting of power of representation under Article 125 of the Civil Act, which determines the assertion of the expression representation, is the nature of the basic legal relationship between the principal and the person who acting as an agent.