1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion entered into a subcontract (hereinafter “instant subcontract”) on the ground of 680 square meters in Daegu-gu E-gu, Daegu-gu, where the Defendant was represented by the Defendant, with regard to the construction period for the machinery and equipment works among the F apartment construction works (hereinafter “instant construction works”), between November 20, 2015 and October 30, 2016, with the construction period fixed as KRW 134,340,00 (including value-added tax). The Plaintiffs completed the said construction works on November 30, 2016.

Since the Defendant delegated the authority to conclude the instant subcontract to D (hereinafter “G”) operating Company G, the Defendant is obligated to pay the Plaintiff the construction cost under the instant subcontract.

(State Claim) In addition, even if the Defendant did not delegate D the authority to conclude the instant subcontract, since the Defendant received the tax invoice issued by the Plaintiff as the recipient of the Defendant and made the final return of value-added tax, it is deemed that the Defendant ratified D’s unauthorized Representation.

(1) In addition, since the defendant permitted D to conduct a business by using his name and trade name, the defendant is jointly and severally liable with D for the payment of the above construction cost to the plaintiff who traded the defendant by mistake as the business owner.

(2)Preliminary Claim

2. We examine whether the Defendant entrusted D with the authority to conclude the instant subcontract of this case with the Plaintiff as to the primary claim.

According to Gap evidence No. 1 (Construction Contract Document), the defendant's personal seal or name seal No. 1 is affixed, not the defendant's personal seal or name seal No. 2, but the seal of the representative director of G who held office as the representative director. Thus, whether the defendant prepared the above contract document or delegated the right to enter into the subcontract of this case to D or G.