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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.
Reasons
1. On April 29, 2014, the Plaintiff asserted that the construction contract was concluded with C representing the Defendant, and the construction work for the development and utilization of groundwater in the land in Kimcheon-si, Kimcheon-si, with the construction cost of KRW 8,500,000, and the construction period of construction from May 6, 2014 to June 5, 2014, and completed the said construction work.
However, the Defendant paid to the Plaintiff KRW 680,000,000 out of the above construction cost.
Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 1,700,000 ( KRW 8,500,000-6,80,000) and the delay damages.
2. Determination is whether the Defendant granted C an authority to conclude a contract agreement for the development and utilization of groundwater, and the evidence Nos. 1 (Contract for Construction Works) suitable therefor cannot be used as evidence because there is no evidence to prove the authenticity thereof. The evidence No. 2 (Evidence No. 4) is insufficient to recognize it, and there is no other evidence to prove that the Defendant granted C the power to execute the contract for the development and utilization of groundwater. Thus, the Plaintiff’s assertion is without merit without need to further examine.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.