The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. In around 2011, the Defendant awarded a new contract for the construction of the Fwon Housing Corporation D or E located in the Won-si Company C.

The defendant issued a certificate of his seal impression to G, the representative director of the above company, and used it for construction design, authorization, permission, sale, etc.

B. From December 201 to February 201, the Plaintiff supplied construction materials to the said new construction site (hereinafter “instant construction site”).

C. On February 25, 2014, G prepared a letter of payment in the name of the Defendant (Evidence A No. 1; hereinafter “instant letter of payment”) to the effect that the Defendant acquired and paid KRW 35 million to the Plaintiff Company C by June 30, 2014, using the Defendant’s seal imprint that he/she was in his/her custody.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 3, Eul evidence 4-1, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion as to the right of representation 1) since the defendant granted the right of representation to G to prepare the letter of payment in this case, the defendant asserts that the defendant is obligated to pay the plaintiff the remaining KRW 28 million after deducting the amount of KRW 7 million paid by the plaintiff from the amount of KRW 35 million under the letter of payment in this case. However, the evidence presented by the plaintiff alone cannot be deemed to have granted the right of representation to the plaintiff in the preparation of the letter of payment in this case to G, and there is no other evidence to acknowledge this otherwise. Thus, the plaintiff's assertion is without merit.

B. On the one hand, the Plaintiff’s assertion of the apparent representation is based on the following: the Defendant granted the fundamental power of representation to G; and the Plaintiff as the Plaintiff had reasonable grounds for believing that there was the power of representation in the preparation of the instant letter of payment. Therefore, the Defendant is liable to the Plaintiff for the apparent representation under the instant letter of payment.