1. The plaintiff's claim is dismissed.

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

1. On June 28, 2017, B drafted a construction subcontract agreement (hereinafter “instant contract”) with the Plaintiff with respect to the portion of electrical construction among Ctel new construction works (hereinafter “instant construction works”) as follows. The main contents are as follows:

5. Contract amount: 40 million won, value-added tax 44 million won, and value-added tax 44 million won separately.

6. Payment of the price;

(a) Advance payment: 44 million won (7 days after concluding a contract); and

(b) The fact that the completed portion (i.e., payment on the 10th of the following month at the end of the 25th day of each month, (iii payment method: 100% in cash) / there is no dispute, entry in the evidence No. 1, and the purport

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's director D and the site director B, the defendant's representative, prepared the contract of this case. Thus, it shall be deemed that the subcontract was concluded between the plaintiff and the defendant as stated in the contract of this case.

B) Since then, the Defendant unilaterally notified the Plaintiff of the reversal of the said subcontract through B, and the Defendant is liable to compensate the Plaintiff for damages equivalent to the performance profit arising from the nonperformance of the above obligation. 2) The gist of the Defendant’s assertion did not have concluded a subcontract with the Defendant for the instant construction project. However, the Plaintiff’s on-site director E had the Plaintiff prepare the instant contract without the Plaintiff’s permission.

B. First of all, we examine whether E has the authority to conclude the instant contract in the position of the head of the field office, since there is no dispute between the parties as to the facts prepared by B entrusted by the head of the Defendant’s site office E, who is not the defendant’s representative director.

The commercial employee, who has an all-inclusive power of attorney under Article 15 of the Commercial Act, may commit any act other than judgment on a specific type of business or a specific matter of the business which he has been conferred.