주유대금
The part of the judgment of the first instance against the defendant shall be revoked.
The plaintiff, including any selective claims added at the trial.
1. Basic facts
A. The Plaintiff is a person who operates a gas station in the trade name called E gas station, and the Defendant is a person who operates a organic fertilizer manufacturer in the trade name of G.
B. On September 23, 2014, C had not been delegated by the Defendant with the authority to conclude a oil supply contract, on the ground that he/she had a copy of the Defendant’s business registration certificate and a copy of the Defendant’s resident registration certificate, and entered into an oil supply contract under the name of the Plaintiff and the Defendant (hereinafter “instant contract”) with the Plaintiff, and was supplied with oil equivalent to KRW 17,116,650 in total by October 29, 2014.
C. C was indicted on January 6, 2016 on criminal facts, such as fraud, fabrication of private documents, and display of an investigation document, due to the criminal act, including the acts mentioned in the aforementioned sub-paragraph (b).
[Reasons for Recognition] Facts, Gap's 2, 5, 7 evidence, Eul's 1 through 3, 6 through 8 (including the number of branch offices), the purport of the entire pleadings, and the purport of the whole pleadings.
2. Summary of the plaintiff's assertion
A. C has concluded the instant contract with the authority delegated by the Defendant, and thus the said contract is valid.
Even if the contract of this case constitutes an unauthorized representation, the expression representation under Articles 125 through 126 of the Civil Act is established, and the defendant ratified the above contract.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid oil price of KRW 47,216,650 according to the instant contract.
B. The Defendant, as a user of C, is liable to compensate for damages equivalent to the amount of the unpaid oil paid by the Plaintiff based on negligence, etc., as long as C has neglected to use the copy of the Defendant’s business registration certificate and the copy of his resident registration certificate.
3. Determination
A. Determination as to the claim for oil payment under the instant contract.