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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On February 15, 2017, the Plaintiff refers to the work of attaching boilers, water tanks, or filling the gap of materials, ruptures, and ruptures between C and the head of the field office, who is the Defendant’s agent, to five Dongs among the new construction works of Gangseo-gu Busan Metropolitan City and E-type multi-family housing.
With respect to the work cost of 4,800,000 won, the contract was concluded.
B. On February 11, 2017, from February 11, 2017 to February 15, 2017, the Plaintiff completed coworking with the instant five multi-family housing units in the outer walls, windows, door trussess, etc., and handed over the building to the Defendant.
C. On March 6, 2017, C prepared a written confirmation stating that “C will confirm the completion of work in consultation with the Plaintiff of the work to complete the work at KRW 4,800,000” to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 4 evidence (including each number), the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the construction cost of KRW 4,800,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after the original copy of the payment order in this case was served to the day of full payment, as requested by the plaintiff.
In this regard, the defendant asserts that the contract for construction work with F Cos., Ltd. was only entered into with F Cos., Ltd., and there was no entry into a contract for construction work with the plaintiff, and that the part claimed by the plaintiff was a part of the defendant's work with the new cost.
(1) However, according to the following: (a) the Defendant does not clearly argue that C had the authority to act for the Defendant as the head of the site, and (b) according to the descriptions of evidence Nos. 1 through 5, evidence Nos. 2-1 and 2-2, the Defendant contracted the part of the tin construction among the said new construction works to F Co., Ltd.