1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 19, 2013, the Defendant was awarded a contract for D 2 plant electrical construction works in Ulsan-gun, Ulsan-gun, Inc. (hereinafter “D”) from D (hereinafter “D”) on the same business name as C, with the construction cost of KRW 44 million and the completion date on December 30, 2013.

B. The Defendant subcontracted the instant electrical construction to F, and F told F that F would delay the instant electrical construction, claiming damages, etc. from D.

Accordingly, on January 16, 2014, the Defendant subcontracted the portion of the non-execution of the instant electrical construction (hereinafter “the remainder of the instant electrical construction”) to the Plaintiff as of January 29, 2014, with the construction cost of KRW 28 million (which was reduced to KRW 26.4 million) and the date of completion as of January 29, 2014.

On January 20, 2014, the Defendant agreed to complete D and the remaining construction of the instant case by January 29, 2014.

C. On January 29, 2014, the Plaintiff completed the remaining construction of the instant case.

Upon the Plaintiff’s request, the Defendant paid KRW 15.4 million out of the remainder of the construction cost of the instant case, by paying KRW 5.4 million to JKEEEE, January 17, 2014, and KRW 10.4 million on January 27, 2014.

On January 29, 2014, the Defendant paid the remainder of KRW 11 million to the Plaintiff out of the remainder of the construction work in this case.

[Reasons for Recognition] Uncontentious Facts, Gap 1, Eul 1-8 evidence, witness F's testimony, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff did not receive KRW 23.4 million out of the remainder of the construction work in this case from the Defendant, and the Defendant’s employee, F agreed on February 13, 2014, on behalf of the Defendant, to pay the remainder of the remainder of the construction work in this case as KRW 21.4 million to the Plaintiff and the Defendant until February 28, 2014.

(1) Paragraph (1). Even if the F does not have the authority to conclude the above arrangement on behalf of the defendant, the defendant is liable to act as an expression agent.

(B) (B) The Defendant is an employer of F, who is liable for employer (III). C) Accordingly, the Defendant is liable to the Plaintiff for the remainder of KRW 23.54 million.