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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff
On May 21, 2017, the Plaintiff claimed a loan of KRW 40,000,000 to the Defendant upon the Defendant’s agent C’s request. The Defendant did not grant C the right of representation to borrow KRW 40,000,000.
Even if the Defendant granted C the authority to perform the construction of a new house on the ground of 498 square meters of land owned by the Defendant in Gwangju-si, Gwangju-si (hereinafter “Defendant Corporation”), and used a bank account in the name of the Defendant in relation to the Defendant Corporation to C. Since the granting of the power of representation is indicated, the Defendant is obligated to pay the Plaintiff the above KRW 40,000,000 and the delay damages in accordance with the legal doctrine as expressed agent under Article 125 of the Civil Act. Family C did not have any power of representation
Even if C is the contractor of the defendant Corporation, as the contractor of the defendant Corporation, the plaintiff is entitled to pay the construction cost to the defendant by exercising the subrogation right as C's creditor.
The Plaintiff filed a claim for construction cost with the Defendant’s agent C in the cost of KRW 3,680,000, after receiving a contract for fence construction work from the Defendant’s agent. The Defendant is obligated to pay KRW 3,680,000 to the Plaintiff.
Since the defendant agreed to pay the loan and the construction cost to the plaintiff even if the contract deposit claim C is not the defendant's representative, the defendant is obligated to pay the above loan and the construction cost to the plaintiff.
In conclusion, the Plaintiff has the right to receive a total of KRW 43,680,000 from the Defendant. On the other hand, the Plaintiff also has completed the said house by entering into a contract to C with the Plaintiff for the construction of a new house on land owned by the Plaintiff, 658 square meters, Gwangju E-si, Gwangju, but the Plaintiff failed to pay KRW 21,623,00 among the construction cost. Accordingly, the Defendant calculated the remainder of KRW 22,057,00 (=43,680,000 - 21,623,000) and this.