1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion

A. The Plaintiff entered into a contract with the Defendant, the owner of the instant building, on behalf of the Plaintiff, for the building owner D, E, F ground A, and B (hereinafter “instant building”) under which he/she would pay the materials cost and personnel expenses incurred therefrom on a daily basis (hereinafter “the instant construction contract”) and completed the repair work from January 24, 2010 to May 29, 2010. The construction cost is KRW 54,01,200. The Plaintiff received KRW 29,500,000 from C as the construction cost and did not receive the remainder of KRW 24,51,200,000, and the Defendant is obligated to pay the said money to the Plaintiff.

B. Even if C did not have the authority to conclude the instant construction contract on behalf of the Defendant, the Defendant granted C the basic power of attorney regarding the instant building repair work, and the Plaintiff, upon presenting the power of attorney of the Defendant, as the owner of the building, believed, as the head of the bank, C acquired the instant building as a public auction, repaired and sold it, and believed that the Defendant was able to understand it and sell it. As such, there was a justifiable reason to believe, the Defendant should be held liable for expressive representation as prescribed in Article 126 of the Civil Act.

C. In addition, since the Defendant visited the instant construction site to confirm the Plaintiff’s construction work and promised to pay the construction cost in the content certification that sent to the Plaintiff, the instant construction contract was ratified or agreed to pay the construction cost.

2. Determination

A. The above A.

First of all, we examine who is the party to the instant construction contract.

Where an actor who executes a contract has done a juristic act in the name of another person, the intention of the actor and the other party to the contract shall be the same as the other party to the contract, first of all, if the actor and the other party agree.