1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. On March 24, 2014, the Defendant received a contract from the Seoul Regional Headquarters of the Korea Airports (hereinafter “instant Corporation”) with the payment of the construction cost of KRW 850,974,930 (amended by KRW 933,071,82 on November 17, 2014) and the date of completion as of December 18, 2014.

B. Since then, the Plaintiff entered into a contract with C on behalf of the Defendant that the Plaintiff would receive a subcontract for fire-fighting and improvement electrical construction (hereinafter referred to as the “subcontract”) during the instant construction work as KRW 60,000 (excluding value-added tax) (hereinafter referred to as the “instant subcontract”).

C. On June 25, 2014, the Plaintiff received 22,000,000 won as the first payment for the completed portion on June 25, 2014 during the said construction period, and 11,000,000 won as the second payment for the completed portion on September 3, 2014 (total of 30,000,000 won when excluding value-added tax) from the Defendant.

In December 2014, the Plaintiff completed the subcontracted construction work in this case with the partial increase in the construction cost for the design modification.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 6, Gap evidence 20-1, 20-2, Eul evidence 11, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) between the Defendant’s employee and C, the Plaintiff entered into the instant subcontract with the Defendant as the Defendant’s employee, and the design as the original design was impossible to operate the fire-fighting system, and the design specialist re-designed and completed the construction work by agreement with C to add the system, and then to increase the construction cost. The Defendant received KRW 33,00,000 in total for partial progress payment from the Defendant, and thus, the Defendant is obliged to pay the Plaintiff the remainder payment of the subcontracted construction work and the delay damages therefrom.

(2) Even if C did not have the authority to conclude the instant subcontract on behalf of the Defendant, the Defendant is related to the instant subcontracted work.