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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On November 2, 2016, the Plaintiff was awarded a contract for the construction cost of KRW 34,000,000 among the construction cost of the construction works for the construction of the instant building among the construction works for the construction of the instant building (hereinafter “instant construction works”) by the representative director D, Inc. (hereinafter “C”) who is the Defendant’s agent.
(2) On March 18, 2017, the Plaintiff completed the construction project, but the Defendant did not pay the said construction cost, and the Plaintiff demanded payment of the construction cost, which was the Defendant’s agent, issued a letter of intent to pay KRW 34,00,000 to the Plaintiff immediately after the new construction of the instant building was disposed of, through the Defendant’s agent, on January 20, 2018.
Therefore, the defendant is liable to pay the plaintiff the unpaid construction cost of KRW 34,000,000 and the delay damages for the payment.
B. The Defendant only lent only the name of the owner for the construction of the instant building to Yong-Nam, and did not conclude the instant construction contract with the Plaintiff, and there was no fact that D granted the power of representation for the conclusion of the instant construction contract or for the preparation of a letter of payment for the construction cost. Therefore, the Plaintiff’s request cannot be complied with.
2. First of all, as to whether the Defendant granted D the power to conclude the instant construction contract, it is difficult to believe the testimony of witness F, which seems consistent with the foregoing, and according to the written evidence Nos. 1, 2, and 8, the Plaintiff received a letter from C representative Director D, claiming as the Defendant’s representative on January 20, 2018, that the Plaintiff would pay KRW 34,000,000 as soon as the new construction of the instant building was disposed of, and the Defendant delegated the power to conclude the said contract with G stock company on March 24, 2017 at the time of concluding the real estate security trust contract with D, and on the other hand, it is recognized that the Plaintiff delegated the power to conclude the said contract with D at the time of concluding the said contract, and on the other hand, it is a witness.