1. Revocation of the first instance judgment.

2. The plaintiff's primary claim is dismissed.

3.The preliminary charges shall be added by the court.

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) contracted by the Defendant for a new construction of multi-household housing to the land located in E-si (hereinafter “instant land”).

B. However, the non-party company was not paid the construction price by the defendant, and it seems that it is the spouse of the non-party company, which is the actual operator of the non-party company. On June 28, 2016, the non-party company was prepared and delivered a written statement of performance of the payment agreement under the name of the defendant (hereinafter “instant statement of performance”). The main contents thereof are ① with respect to the non-party company’s obligation to pay the unpaid construction price to the non-party company, the non-party company shall be paid KRW 100,00,000 to the plaintiff until July 20, 2016, and ② its funds are paid to the non-party company by the non-party company, ② if the court terminates the provisional attachment order of the right to claim for the transfer registration of ownership against the above eight households, the defendant was to prepare the above multi-household

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. In the first place, the instant performance memorandum was prepared and delivered by H upon lawful delegation from the Defendant to the Plaintiff. [In the instant performance memorandum, it is clear that H has the power of representation since it was accompanied by the letter of delegation (No. 3-2) on which the Defendant’s seal imprint affixed and the certificate of personal seal impression (No. 3-3).] The Defendant is liable pursuant to the instant performance memorandum.

B. Preliminaryly, even if not, the Defendant is liable in accordance with the doctrine of representation under Article 125 or 126 of the Civil Act.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 100,000,000 according to the instant written statement of performance and damages for delay.

3. Determination

(a) 1 inquiry into the judgment on the primary claim (responsibility as authorized representative);