1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The parties' assertion

A. Since the Plaintiff entered into a contract for the construction of non-forest facilities (hereinafter “instant construction”) between the Plaintiff Co., Ltd. (hereinafter “C”), and the Plaintiff completed the said construction after the Plaintiff agreed to directly trade with the Defendant, the Defendant is obligated to pay the Plaintiff the unpaid amount of the construction cost and the delay damages therefrom.

B. The defendant did not conclude the instant construction contract with the defendant C.

The instant construction project is merely a construction contract with C on the non-afforest facilities of an individual shop, for which D, the president of the Defendant union, entered into a contract for construction with C as an individual qualification.

Even if it is recognized that the Defendant entered into the instant construction contract, it abused the power of representation by D, which was the head of the Defendant’s association, and C and the Plaintiff knew or could have known the abuse of power of representation. Thus, the instant construction contract is null and void against the Defendant.

Therefore, the plaintiff's claim is without merit.

2. Determination

A. 1) On May 20, 2016, D, the Defendant’s representative, drafted a contract on May 20, 2016, stating that C and the instant construction work are executed by setting the construction cost as KRW 17,294,00 (excluding value-added tax) and the construction period as from May 20, 2016 to August 16, 2016 (hereinafter “instant construction contract”).

(2) On August 16, 2016, the Plaintiff completed the instant construction work.

3) D, a representative of the Defendant, paid KRW 5,133,400 to the Plaintiff out of the construction price of the instant case. [The fact that there is no dispute over the grounds for recognition, entry of the evidence No. 2, and the purport of the whole pleadings

B. According to the evidence, Gap evidence, Eul evidence Nos. 5, Eul evidence Nos. 10 and 12, and the whole purport of this court witness E’s testimony and pleading as a whole prior to the obligation to pay the construction cost of this case: ① At the time of entering into the construction contract of this case, Eul delivered to C the name of the name of the defendant association, which is entered as the president of the defendant association, at the location where the representative of the plaintiff and the person in charge of C