1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Defendant is a contractor of the phase elementary school extension work located at No. 82 at the original city level. Of the instant construction work, the Defendant subcontracted part of the instant construction work to the non-party Oro Construction Co., Ltd., and the Jungo Construction Co., Ltd re-subcontracted the part of the pents and entrance and exit doors (hereinafter “the instant construction work”).

B. Even after the completion of the instant construction project, the Plaintiff was not paid KRW 9,160,000, out of the construction price (hereinafter “instant construction price”).

C. Nonparty A prepared a written confirmation to the effect that he/she would be liable to the Plaintiff for the said payment of construction cost (hereinafter “instant confirmation”).

【Ground of recognition】 The fact that there is no dispute over the ground of recognition, each entry in Gap evidence 1 through 3 (including the provisional number), and the purport of whole pleadings

2. Summary of the plaintiff's assertion

A. A written confirmation to the effect that A, an employee of the Defendant Company, who is an employee of the U.S. company, will be responsible for the payment of the unpaid construction cost on behalf of the Defendant (hereinafter “instant confirmation”) was prepared and provided with the Defendant’s oral promise to pay the unpaid construction cost on behalf of the Defendant.

Therefore, the defendant is liable to pay the Plaintiff the construction cost of the unpaid payment.

B. Responsibilities arising from the Apparent Representation (Article 126 of the Civil Act) (Article 126) Even if the above A and B are not legal representatives of the defendant, since there exists a justifiable ground to believe that the plaintiff is the defendant's agent, the defendant is liable to pay the unpaid construction cost according to the Apparent Representation Liability

C. Since the Defendant agreed to pay the unpaid construction price to the Plaintiff by the direct payment agreement, the Defendant is obligated to pay the said unpaid construction price to the Plaintiff.

3. Determination

(a) authorized representation;