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. Facts of recognition;

A. The plaintiff is a person engaged in the facility business with the trade name of "C", and the defendant is a company established for the purpose of the facility construction business, etc.

B. The Defendant appointed D as the head of the site of the construction site of the Daegu-gu E Studio Construction Work and the construction site of the F City Urban Residential Housing Construction Work in Busan-si, in which the Defendant was executed, and was in charge of the management and supervision of the above construction site.

C. D with the Defendant’s consent, possession and use of the name “B Business Director D”, and the address and representative telephone number and facsimile number as indicated in the above name are both the Defendant’s name and address.

The plaintiff is awarded a subcontract for the part of the facility construction among the facility construction works and the part of the facility construction works among the new urban residential housing construction works in Gyeonggi-gu, Daegu-gu, and Busan-si, which represented the defendant, and completed each of the above construction works.

E. The party’s column of the construction agreement concerning the installation work among the construction work of the F Urban Residential Housing in Busan-si, which was prepared between the Plaintiff and the Defendant as his/her representative, is indicated in the name of the Defendant along with the Defendant’s trade name, address, and the name of the representative director, and is indicated in the name of the Defendant as “Agent D’s Director”).

F. The Plaintiff spent a total of KRW 49,380,000, including KRW 15,080,000 and KRW 34,300,000,000 for the above Eudio facility work costs, and received KRW 38,090,000 for each construction cost from August 20, 201 to February 13, 2013 under the name of D or the Defendant.

【In the absence of dispute over the grounds for recognition, entry of Gap evidence 1, 2, 3-1, 2, 3 (the same as the evidence No. 2-1, 4, 6, Eul evidence No. 1-1, 2 (the same as the evidence No. 3), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant consented D to use the defendant's business director's office, and the plaintiff, through D, to the defendant, the above E Studio facility work and the above E M. Simsan-si.