1. The plaintiff's claim is dismissed.

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

1. On December 6, 2013, the Plaintiff was awarded a total of KRW 249,700,000 contracts with the Defendant’s agent C (in dispute as to whether the Defendant granted the power of representation to C) for the interior-si D ground buildings in Ansan-si.

(2) The contract of this case contains the following: “The instant building”, “the instant interior works,” “the instant interior works,” and “the instant contract.” The contract of this case contains the content that “the payment method for the construction cost under the contract shall be 40% of the total construction cost when the construction cost was 15% of the total construction cost.”

【Ground for recognition】 The fact that there has been no dispute, Eul's evidence No. 2, the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff asserted that the construction of the instant case was implemented in accordance with the instant contract, and that the Plaintiff achieved the honor as much as KRW 43,493,340.

As the Plaintiff has achieved more than 15% of the total term portion of the contract (15% of the total term portion of the contract) as stated in the contract, the Plaintiff claims KRW 43,493,340, which is the part of the construction cost, and damages for delay, from among the 40% of the construction cost. If the Defendant did not grant the power of representation to C in relation to the contract of this case as alleged by the Defendant, the Defendant expressed the fact of granting the power of representation, and thus, is liable under the contract of this case by an expression agent under Article 125 of the Civil Act.

In addition, the defendant has subsequently approved the agency act of C (the conclusion of the contract of this case) and is responsible under the contract of this case.

B. The defendant's assertion does not have the right of representation for the conclusion of the contract of this case to C.

In addition, the defendant did not indicate to the plaintiff that the power of representation was granted to C, and the plaintiff knew or could have known that C did not have the power of representation.

The defendant is not liable for the contract of this case.

3. Determination

A. The defendant is authorized to conclude the instant contract with C.