1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 2013, the Plaintiff entered into a contract for construction works with D, which include construction period from November 10, 2013 to December 15, 2013 with respect to D’s outer wall (hereinafter “instant construction works”) among the remodeling works of the Felel located in Daegu-gu E (hereinafter “instant construction works”) and the construction amount of KRW 54,450,000.

B. From October 15, 2013, the Plaintiff started the instant construction from around October 15, 2013 to temporarily suspend the construction work on or around the 20th of the same month, but resumed the construction work on or around November 30, 2013, and completed the instant construction work on or around December 1, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 (excluding defendant's part), 2 and 3 (including paper numbers; hereinafter the same shall apply), witness G's witness G testimony, the purport of the whole pleadings

2. Assertion and determination

A. As to the Plaintiff’s assertion of delegation of authority, the Plaintiff jointly and severally guaranteed the Defendant’s obligation to pay the construction cost as the owner of the instant construction project, and even if family affairs C voluntarily signed and sealed by the Defendant, the Defendant: (a) assigned his/her seal to C; (b) entrusted all the construction contracts, such as a subcontract agreement, following the Moel remodeling project; and (c) entrusted C with the right to represent the joint and several liability, the Defendant

Of the evidence No. 1 (the instant construction contract) with the defendant's signature and seal affixed to the column for lives and joint and several sureties, the defendant's portion has no evidence to acknowledge the authenticity.

Rather, comprehensively taking account of the overall purport of the arguments as to witness C and G’s testimony, it is recognized that C had arbitrarily signed and sealed the Defendant’s name on the column of joint and several surety in the instant construction contract without obtaining the Defendant’s permission from the owner of the building, on November 28, 2013, on the part of the Plaintiff’s joint and several surety.

Therefore, the defendant's part among the evidence No. 1 can be used as evidence.