1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. A. On July 3, 2010, the Defendant entered into a contract with the Gangnam-gun C Ground D Hospital Corporation (hereinafter “SS industry”) on a contract with the Gangwon-do D Hospital’s renovation and repair work at KRW 320 million.

B. From June 2012, E (Representative F) drafted a construction contract with respect to the construction and glass works of the D Hospital (hereinafter “instant construction works”) between E and E during the construction period from June 4, 2012 to October 15, 2012 with respect to the construction work of the D Hospital (hereinafter “instant construction work”). A contractor for the said construction contract signed his/her signature by G, who had been employed as the Defendant’s auditor at the trade name and seal impression of the ES industry.

C. On December 20, 2012, E (representativeF) entered into a contract with the Plaintiff on the transfer of the claim amounting to KRW 35 million according to the instant construction contract. On May 29, 2013, the Plaintiff sent the content-certified mail notifying the Defendant of the said transfer of the claim.

[Ground of recognition] Facts without dispute, Gap evidence 3, 5 evidence, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Around October 5, 2012, G, which was named as the Defendant’s representative director, agreed to pay the instant construction cost to E and completed the instant construction project, and thereafter, the Defendant’s H director and I director have made a verbal agreement to pay the instant construction cost to the Plaintiff, the assignee of the said claim, and thus, the Defendant is liable to pay the Plaintiff KRW 35 million and damages for delay. However, even if the Defendant’s auditor’s completion of the instant construction contract by deceiving E as the representative director, and thus, the Defendant bears the employer’s liability under Article 756(1) of the Civil Act for the said unlawful act as seen above (2).