The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added "additional Judgment" as to the assertion added or supplemented by the court of first instance. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. As to the assertion that the construction contract of this case is effective against the defendant, the defendant operated "D" as a partnership under the Civil Act with the non-party C, and the construction contract of this case concluded by "C" is jointly and severally liable to the defendant, who is a partner, as a supplementary commercial activity conducted for the said joint business. 2) The statement in the evidence No. 39, or the evidence submitted by the plaintiff, which alone participated in the operation of D.

In addition, it is not sufficient to recognize that the defendant and C jointly operated D by organizing a partnership under the Civil Act, and there is no other evidence to recognize it. Thus, the plaintiff's above assertion is without merit.

B. As to the assertion that C signed the instant construction contract on behalf of the Defendant on behalf of the Defendant, even if the Plaintiff’s assertion is not acknowledged, C concluded the instant construction contract on behalf of the Defendant as the agent of commercial activities, and thus, the Defendant is also liable under the instant construction contract. 2) Determination was made, and the Defendant participated in the operation of D.

In addition, there is no evidence to acknowledge that C concluded the instant construction contract on behalf of the Defendant on behalf of the Defendant, and rather, under the overall purport of each of the above basic facts, evidence as seen earlier, and evidence Nos. 2 through 4, and 8 and arguments, the following circumstances are as follows: (a) the Plaintiff prepared and issued a letter of payment with C as the addressee for the accounts payable for the construction cost of the instant construction contract, namely, the Plaintiff’s statement of the instant construction contract under the name of F Representative C.