1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1.The parties' arguments

A. In the Plaintiff’s assertion, Nonparty B, as the Defendant’s employee, awarded a subcontract to the Plaintiff for the part of the boundary work among the “Yju-si C Corporation” (hereinafter “instant construction”) on behalf of the Defendant, and the Plaintiff completed the said construction, and thus, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 12,100,000.

Preliminaryly, even if the above agent was the unauthorized Representative who did not receive the power of representation from the Defendant, the Defendant ratified the act of unauthorized Representation, and thus, the Plaintiff is obliged to pay the said construction cost.

As one of the primary causes of the Plaintiff’s claim, the Plaintiff asserted that B is responsible for expression as the Defendant requested the completion of construction to B and delegated his authority as the head of the site office. However, the gist of the claim is that B was granted the power of representation from the Defendant after performing the act of unauthorized Representation, and it is judged as the assertion for ratification of the act of unauthorized Representation.

In addition, the above argument is inconsistent with the argument that B received legitimate power of representation, and thus, it is deemed a preliminary claim.

In addition, even if the subcontract for the construction work of this case was concluded between Nonparty D and the Defendant, or the act of unauthorized Representation B related thereto was ratified, D transferred the claim for the construction work of this case to the Plaintiff, and thus, the Defendant is liable to pay the said construction cost to the Plaintiff.

Finally, the defendant is obligated to pay the above construction price to the plaintiff in accordance with the legal principles on the nominal lender's liability, since the defendant has explicitly or implicitly permitted the use of his name.

B. The defendant's assertion B is not the defendant's employee, but the party who entered into a subcontract with the plaintiff with respect to the instant construction work is not the defendant.