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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Defendant was awarded a contract with the Fents Association for the construction of the Fents Association E located in the Republic of Korea, and G is the Defendant’s employee at the site director of the said construction.
B. Around April 2012, the Plaintiff requested G to make an estimate of the light-weight construction (hereinafter “instant construction”) among the foregoing construction works, and prepared and delivered a written estimate of KRW 57,700,000 (excluding value-added tax) on April 30, 2012, and KRW 50,000,000 (excluding value-added tax) on May 1, 2012 to G.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 10 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserts that the Defendant should pay the remainder of the construction cost of KRW 50,000,000 (=58,000,000), as the Plaintiff received only KRW 8,00,00,00 from the Defendant and the instant construction cost of KRW 58,00,00 after receiving a subcontract for the instant construction work from the Defendant and completing the construction on May 25, 2012.
In regard to this, the defendant asserts that since G, who is an employee of the defendant, concluded the instant construction contract with the plaintiff without legitimate authority, the above contract has no effect against the defendant, and even if it extends the above contract to the defendant, it does not settle the construction price of KRW 58,00,000 as alleged by the plaintiff.
B. In full view of the overall purport of the arguments in the testimony of witnesses of the first instance trial, the following facts are examined: ① was the field director of the instant construction site; ② was the Defendant’s trade employee who entered into an employment contract with the Defendant; ② was submitted a written estimate from the Plaintiff regarding the instant construction; ③ G ordered the instant construction to the Plaintiff by dividing the instant construction into the first and second parts.