1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion was that the Defendant Company entered into a construction contract (hereinafter “instant original contract”) with the construction period from November 30, 2017 to December 15, 2017 upon the Defendant Company’s request for the Korea National Highway Delivery Corporation (hereinafter “instant construction contract”), with the contract amount of KRW 52,525,00 (hereinafter “instant original contract”). The Plaintiff thereafter entered into a contract with the construction period from November 30, 2017 to March 15, 2018 (hereinafter “instant modified contract”), and the Defendant Company was obligated to pay the remainder of KRW 39,175,000 and delay damages therefrom.

B. The gist of the defendant's assertion was that the representative director of the defendant company did not conclude the original contract of this case or the amendment contract of this case with the plaintiff, and the plaintiff did not prove that the construction of this case was completed.

2. Determination

A. The plaintiff asserts that the original contract of this case or the modification contract of this case was concluded with the head of the defendant company E, and as long as the head of E is not the representative director of the defendant company, the plaintiff is responsible to prove that he has the authority to conclude the contract of this case on behalf of the defendant company.

However, the Plaintiff failed to prove to the Vice Director that he/she has the authority to conclude the instant contract on behalf of the Defendant Company.

(The evidence submitted by the Plaintiff is without sufficient evidence to acknowledge it). In addition, the Plaintiff did not assert or prove otherwise on the legal principles that the validity of the above contract, concluded by an employee who is not the representative director of the Defendant Company, belongs to the Defendant Company.

B. Meanwhile, even if the contract of this case is assumed valid against the Defendant company, the Plaintiff is required to pay KRW 39,175,000 as completed within 15 days after completion of the contract of this case.