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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 1, 2015, the Defendant, the representative C, and one other (the actual representative) (E), was awarded a contract for the new construction of the FF ground (hereinafter “instant new construction”) with KRW 4.4 billion (including value-added tax).
B. The Plaintiff completed the instant interior construction work, among the instant new construction works, for the installation of singkes and indoor furnitures (hereinafter “instant interior construction”).
[Reasons for Recognition] Unsatisfy, Gap evidence 5, Eul evidence 13, witness E's testimony and purport of whole pleadings
2. The parties' assertion;
A. Plaintiff 1) The Plaintiff, with the Defendant, was awarded a subcontract of this case (hereinafter “the subcontract of this case”) with the price of KRW 380,00,000 (value-added Tax Separate), and the construction cost was increased to KRW 421,291,60 (value-added Tax Separate) according to the additional construction contract. The Plaintiff completed all interior construction of this case including the additional construction work. Accordingly, the Defendant is obliged to pay the Plaintiff the amount of KRW 393,420,760 (including value-added tax) less the amount of KRW 70,000 paid to the Plaintiff from KRW 463,420,760 (including value-added tax) and the delay damages therefrom, even if the Plaintiff entered into the subcontract of this case on behalf of the Defendant without the authority of the Plaintiff, and the Defendant, without the authority of the Plaintiff, expressed that the Plaintiff should grant the right of representation to the Plaintiff by delivering his seal to E, and concluded a new subcontract of this case with the authority of representation or representation of this case.
The plaintiff lent the name of the construction business to E by the defendant.