1. The Defendant’s KRW 31,416,660 as well as 5% per annum from August 1, 2019 to May 20, 2020, and the following.

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) awarded a contract for the construction of a new factory to Gyeong-gun E from D Co., Ltd., and subcontracted that contract to the Defendant.

B. On February 9, 2018, the Plaintiff and the Defendant concluded a service contract (hereinafter “instant contract”) with respect to the delivery and installation of design pents (hereinafter “instant construction”) among the foregoing construction works, setting the construction cost of KRW 35,046,00 (including value-added tax) and the construction period from February 14, 2018 to March 31, 2018, and setting the service contract at the rate of KRW 3/100 per day per delay penalty (hereinafter “instant contract”).

C. On April 30, 2018, the Plaintiff completed the instant construction.

The defendant's field director F confirmed that the construction work in this case was completed on the same day and that the construction cost is KRW 31,428,000 (excluding value-added tax).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 7 (including paper numbers), the purport of the whole pleadings

2. Determination

A. Determination on the cause of a claim 1) The Director of the Construction Company’s site is a person who generally takes charge of the work related to the execution of construction at a specific construction site. As such, an employee delegated with the specific type of business or specific matters as prescribed in Article 15 of the Commercial Act (see Supreme Court Decision 94Da20884, Sept. 30, 1994). In accordance with Article 15 of the Commercial Act, a trade employee, who has the partial comprehensive power of attorney, can perform all acts other than trials on the specific type of business granted to him/her or specific matters, and thus, is not entitled to separate rights from the owner of the business as to each individual act. However, the determination should be made objectively in accordance with the trade norms in consideration of various circumstances, such as the size and nature of the business, the form and continuity of the transaction, the name of the employee’s position, and the overall division of work (see Supreme Court Decision 207Da20405, May 28, 2009).