1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional Judgment" as to the allegations added by the plaintiff in this court, the reasons for the judgment of the court of first instance.

B. Since it is the same as the entry in paragraph 2, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion that the Defendant comprehensively delegated H with the authority to execute the instant construction work.

The Plaintiff entered into a contract with H on the instant Additional Works on behalf of the Defendant, and incurred construction costs of KRW 197,695,850 by carrying out the Additional Works.

Therefore, the Defendant is obligated to pay the Plaintiff the additional construction cost of KRW 133,417,980 (i.e., the additional construction cost of KRW 197,695,850 - the principal of the construction cost paid according to the first instance judgment) and the delay damages therefrom.

Even if there was no comprehensive delegation as above with H, the Defendant indicated the Plaintiff that “the power of representation was granted to H,” and H ordered the Plaintiff to do the instant additional construction work within the scope of its power of representation, so the Defendant is liable to act as an expression agent under Article 125 of the Civil Act against the Plaintiff.

In addition, H had the basic authority to act for the defendant in relation to the instant Additional Works, and the plaintiff was bound to believe that H had the power to act on behalf of the defendant in relation to the instant Additional Works. As such, the defendant bears the responsibility to act on behalf of the plaintiff under Article 126 of the Civil Act.

Therefore, the defendant is liable to pay the above additional construction cost and delay damages to the plaintiff.

B. The Plaintiff bears the burden of proving the above assertion.

In civil litigation, the proof of facts is not a natural scientific proof that is not a suspicion of prosecution, but a high level of view that there was any fact by comprehensively examining all evidence in light of the empirical rule, unless there are special circumstances.