1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On April 2014, the Defendant entered into a contract with C Apartment Council, which entered into a contract with D on April 2014, under which the Defendant entered into a contract with D to subcontract some of the above construction works the Defendant contracted with D (hereinafter “instant subcontracted construction”).

B. Around April 2014, the Plaintiff’s accusation was used for the implementation of the subcontracted project of this case, and the Defendant paid three million won to the Plaintiff on July 11, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 5, 810 (including each number), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is based on the same year from May 23, 2014 to the Defendant’s rent of KRW 12,550,00 (including personnel expenses for driving company) through D or Defendant’s director and field director E (hereinafter “D, etc.”) who represented the Defendant, and the lease period of the Plaintiff’s assertion from May 23, 2014.

7. The vehicle was leased by setting the end of 25. The Defendant leased the vehicle in question. Even if the Defendant did not have the right of representation to enter into the said lease agreement, the Defendant expressed to the Plaintiff the intent to grant the right of representation as to D, or because D, etc. had the fundamental right of representation as the Defendant’s director, it constitutes the liability of representation under Article 125 or 126 of the Civil Act, or the Defendant had D, etc. carry out the subcontracted project by using the Defendant’s name. Therefore, the Defendant is liable for the nominal lender

Therefore, the Defendant is obligated to pay the Plaintiff KRW 9,550,000, which deducts three million, which was already paid, from the rent of KRW 12,550,000.

B. The evidence presented by the Plaintiff alone that the Defendant had the authority to act for D, etc. in concluding the above lease agreement, the Defendant expressed his intent to confer the power of representation on D to the Plaintiff, and D, etc. served as the Defendant’s director.