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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
Preliminary. added by this Court.
Reasons
1. Basic facts
A. From February 25, 2013 to June 30, 2014, the Defendant awarded a subcontract with the construction period of KRW 4,432,483,00 among the E development projects ordered by the High Military Administration (hereinafter “B”), among the E development projects ordered by the High Military Administration (Civil Works).
B. B concluded an oil supply contract with the Plaintiff on February 10, 2014 (hereinafter “instant contract”) with the Plaintiff for the instant construction work.
At the time of the contract of this case, the contract written by the defendant is written as joint and several sureties and the defendant's employee seal is affixed next thereto, which is signed and sealed by D at the site of the above construction.
C. The Plaintiff supplied oil to B under the instant contract, but B did not pay KRW 30,259,240, and the sum of KRW 6,248,710, which was supplied around July 2014, as well as KRW 36,50,950, which was supplied around June 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion
A. The instant contract is within the ordinary business scope of the head of the site office related to material management and the payment of the construction cost, and the defendant's head of the site office D has the comprehensive right to the joint and several surety of the instant contract, and the defendant clearly and explicitly consented thereto. Thus, the defendant is jointly and severally liable to pay the oil price to the plaintiff. 2) Even if not, the plaintiff believed that D has the right to represent the joint and several surety of the instant contract on behalf of the defendant, and there is a justifiable reason to believe that D has the right to represent the joint and several surety of the instant contract. Thus, the defendant is liable to pay the oil price to the plaintiff pursuant to Article 126
B. A preliminary claim D does not have the right to represent the joint and several surety of the instant contract from the Defendant.