청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasons for the judgment of the court of first instance are as follows: each of the "Defendant" in the fourth 17,20th 17, and twentyth 20 of the judgment of the court of first instance shall be dismissed as "Plaintiff"; the defendant's additional evidence submitted in this court, which is insufficient to recognize the defendant's right of representation; and the defendant's new argument made in this court shall be cited as the reasons for the judgment of the court of first instance, except for the addition of the judgment on the new argument made by the defendant in this court as follows. Thus, it shall
2. Judgment on the new argument in this Court
A. The Defendant’s assertion that D had no authority to conclude a contract with the Defendant on behalf of the Plaintiff, even though D had no authority to conclude a contract with the Defendant on behalf of the Plaintiff, D had the basic power of representation as to the conclusion of a contract for supply of goods in the Seoyang-gun area as the Plaintiff’s managing director, and the Defendant had justifiable grounds to believe D was entitled to conclude the contract of this case on behalf of the Plaintiff, and thus, the Plaintiff should be held liable for the expressive representation as prescribed in Article 126 of the Civil Act
B. In order to establish an expression agency under Article 126 of the Civil Act, there are reasonable grounds to believe that the agent has a certain scope of authority of representation, that the agent has been engaged in a juristic act with the other party beyond the basic authority of representation, and that the other party has the authority to do a juristic act beyond the basic authority of representation.
Here, the existence or absence of justifiable reason should be objectively observed and determined in all circumstances existing when the act of a named agent is performed, and the burden of proving that there is a justifiable reason is a person who asserts the effect of the expression agent.
(see, e.g., Supreme Court Decision 2012Da99617, Apr. 26, 2013). The evidence submitted by the Defendant to the health care unit return to the instant case is solely based on the evidence submitted by the Defendant, and D enters into a contract with the same content as the Defendant asserts on behalf of the Plaintiff