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.

1. The reasoning of the court's explanation of this case is as follows, except for the addition of the following Paragraph 2 to the matters alleged by the plaintiff in the trial, and therefore, it is identical to the reasoning of the judgment in the first instance. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff asserts that, even if C is not a legitimate representative of the Defendant, as long as C has concluded an agreement between the Plaintiff and C on the construction work of non-interpreting (hereinafter “instant construction work”), the Defendant is liable to pay the construction cost of the instant case, since C bears the responsibility for the expressive representation under Articles 125 through 126 of the Civil Act.

First, the expression agency by the expression of the power of representation under Article 125 of the Civil Act is established when a third party indicates the power of representation to a person who acts on behalf of the principal, regardless of the nature of basic legal relations between the principal and the person who acts on behalf of the principal or of the validity thereof. In this case, the determination should be made by taking into account the details of the documents submitted or held by the person who acts on behalf of the principal and the circumstances and form of the documents prepared and issued and the types and nature of the acts asserted as an act on behalf of the principal, etc.

(See Supreme Court Decision 2001Da31264 delivered on August 21, 2001). However, as in the case of this case, the mere fact that C merely presented the name stated as the vice president of the defendant cannot be readily concluded that C gave the right of representation to C. Thus, the plaintiff's above assertion as to the expressive representation portion of Article 125 of the Civil Act is without merit.

Next, the Plaintiff has the power to conclude the instant construction contract on behalf of the Defendant C.