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1. The Defendant’s KRW 26,50,000 as well as 5% per annum from January 14, 2013 to April 25, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On September 26, 2012, the Plaintiff entered into a construction contract with D, which provides that the Defendant shall pay the Plaintiff the construction cost of KRW 236,50,000,000 from September 26, 2012 to October 30, 2012 of the construction period, 10% of the construction cost from September 26, 2012 to the Defendant’s agent (hereinafter “instant construction contract”) to the Plaintiff within 20 days after the completion of the steel construction work (hereinafter “instant construction contract”).
B. The Plaintiff, according to the instant construction contract, completed the instant steel structure around December 24, 2012, following the instant steel structure.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2, witness F, and testimony of each part of G and the purport of whole pleadings
2. Determination as to the cause of claim
A. Plaintiff’s assertion (1) The Plaintiff entered into the instant construction contract with D who lawfully granted the right of representation from the Defendant, and received only KRW 10 million as the price for construction even after completion of the instant steel framed construction.
(2) Even if the right of representation for domestic affairs is not recognized, the defendant bears the responsibility of representation under Articles 125 through 129 of the Civil Act.
(3) Even if the Defendant did not assume the above apparent agent liability, the instant construction contract is valid since the Defendant subsequently ratified the instant construction contract that was concluded by an unauthorized agent.
(4) Accordingly, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 22,65 million (=236.5 million - KRW 10 million) and delay damages therefrom, which shall be paid to the Plaintiff.
B. (1) There is no dispute between the parties that the following seals of the defendant's trade name, as stated in Gap's certificate No. 1 (Standard Subcontract for Construction Works), will be made by the defendant's employee, on the other hand, as to the assertion of authorized representation.