1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is running a personal business that sells an adomination, sports clothes, etc. with the trade name of “C points”, and the Defendant operates a cleaning service business, removal business, etc.

B. Upon receiving a request from D holding the Defendant’s exaggerated name, the Plaintiff supplied the Defendant with the goods equivalent to KRW 10,552,90 (hereinafter “instant goods”) from April 26, 2014 to August 11, 2014.

C. On April 28, 2014, the Plaintiff issued a tax invoice stating “43,00 won”, “other than the safety of items”, “1,058,600 won”, and “other than the safety of items” respectively, on May 31, 2014.

The Defendant paid the Plaintiff KRW 1,491,60, totaling KRW 1,491,60 on July 1, 2014, KRW 433,300, and KRW 1,058,60 on July 10, 2014.

【Fact-finding without dispute over the ground for recognition, entry of evidence Nos. 1-3, 4, and 2-3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's argument that D requested a transaction of goods by presenting the defendant's exaggerated name, and that part of goods was issued by the defendant, as well as the defendant actually paid the price of the goods specified in the above tax invoice. D has the authority to conclude the instant goods supply contract on behalf of the defendant. Even if D did not have such right of representation, it is reasonable to believe that D had the right to represent the defendant, and therefore, Article 126 of the Civil Act is established as an expression agent, since the plaintiff has justifiable grounds to believe that D had the right to represent the defendant, the defendant is obligated to pay the remaining goods price of KRW 9,061,30 (=10,52,900 - 1,491,60) and delay damages.

B. As to the existence of D’s authority to conclude the instant goods supply contract, the commercial employer, who has a partial comprehensive power of attorney under Article 15 of the Commercial Act, was awarded the said authority.