1. The Defendant shall pay to the Plaintiff KRW 27,176,655 and the interest rate of KRW 15% per annum from June 1, 2016 to the day of complete payment.

1. Basic facts

가. 원고는 ‘C’라는 상호로 건축자재 도소매업을 하고 있고, 피고는 토목건축공사업 등을 영위하고 있다.

B. On April 17, 2015, the Defendant entered into a contract with the Daegu Office of Education for the expansion of dormitories for D High Schools and other construction works (hereinafter “instant construction works”), and subcontracted the instant construction works to Han Heavy Construction Co., Ltd. en bloc.

C. From May 30, 2015 to January 31, 2016, the Plaintiff supplied building materials to the instant construction site at the request of E using the name of “Defendant’s On-Site Director”, and did not receive KRW 27,176,655, out of the total amount of goods.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that ① is requested by the defendant's on-site manager E to supply building materials, so the defendant is obligated to pay the price for the goods unpaid to the plaintiff, and ② not so.

Even if the defendant permits Han Heavy Construction or E, etc. to use the name of the defendant, the defendant asserts that he/she has the obligation to pay the price of the above goods as the nominal lender under Article 24

The defendant asserts that E is not a representative of the defendant, that no contract has been concluded with the plaintiff, and that it did not allow Han Heavy Construction or E, etc. to use the name of the defendant.

B. 1 First, we examine whether E has concluded a goods transaction contract with the Plaintiff on behalf of the Defendant.

Comprehensively taking account of the aforementioned evidence, Gap evidence Nos. 6, 7, 8, and Eul evidence Nos. 3 and images, the defendant and Han Heavy Construction Co., Ltd. used the name of Han Heavy Construction Co., Ltd. to enter the defendant for the smooth progress of the instant construction. The defendant and Han Heavy Construction Co., Ltd. agreed to pay the defendant for the construction of Han Heavy Construction Co., Ltd. and to settle the case with Han Heavy Heavy Construction Co., Ltd., and Eul used the name of the defendant's on-site director, and the defendant uses Eul Co. 5 million on June 26, 2015.