1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

The reasons why this court should explain this part of the recognition are the same as that of the corresponding part of the judgment of the court of first instance, and thus, it is citing it by the main text of Article 420 of the Civil Procedure Act.

Judgment

According to the above facts of the determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of 53,703,113 won out of the construction price (i.e., KRW 154,761,713 - KRW 101,058,60) and damages for delay calculated at the rate of 20% per annum from November 27, 2013 to the date of full payment, as the Plaintiff seeks.

The summary of the Defendant’s assertion regarding the Defendant’s assertion is that B does not have the right to take over the said goods because B is not the Defendant’s employee, but is not a person delegated by the Defendant, with respect to the portion of KRW 41,11,79, which is written “B” on the part of the assignee column or signed by B among the specifications of transaction or specifications of transaction submitted by the Plaintiff.

Therefore, 41,111,79 won should be excluded from the price of goods as stated in the above specification or statement of trading, since the specification or statement of trading signed by the underwriter B without authority is forged and thus, it is difficult to believe the content thereof.

(hereinafter “Chapter 1”). The portion of the goods price claimed by the Plaintiff which did not issue a tax invoice is KRW 111,07,693 of value-added tax amounting to KRW 10,091,607.

Therefore, 10,091,607 won falling under the value added tax should be excluded from the price of the goods.

(hereinafter “Chapter 2”). In the judgment as to Chapter 1, it is first examined whether B has the authority to accept the transaction statement or transaction statement claiming that the Defendant was not supplied with the goods, and then the above transaction statement or transaction statement are made.