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(영문) 광주지방법원 2018.04.20 2017나52206

공사대금

Text

1. Of the judgment of the court of first instance, the plaintiff against the conjunctive claim amounting to order payment below.

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings;

A. The Plaintiff is a corporation that runs gas pipeline construction business, etc., and the Defendant is a corporation that runs heating and gas facility construction business, gas facility construction business, etc.

B. Around January 2014, B, an employee of the Defendant, entered into a contract with the Plaintiff to subcontract the entrance construction of gas facility works (hereinafter “instant contract”) under the name of the Defendant, and drafted a unit price contract setting forth the unit price, which serves as the basis for the construction cost (hereinafter “instant unit price contract”).

C. In May 2015, the Plaintiff: (a) executed N and six sites; (b) O and 15 sites in June 2015; (c) the P and 54 sites in July 2015; and (d) in August 2015, Q’s entrance construction work.

(hereinafter “instant entrance construction”) 2. Determination

A. As to the claim for construction cost as to the primary claim, an authorized representative, and an apparent representative under Article 126 of the Civil Act exceeding his/her authority, the assertion of ratification is merely a number of attack methods which cause the claim for construction cost as a subject matter of lawsuit, and thus, the plaintiff's claim for construction

1) On January 2014, the Plaintiff, the holder of the right of representation, prepared the instant unit price contract form with the Defendant and renewed the instant unit price contract form with the Defendant on the same terms and conditions as in 2015, and accordingly, the Plaintiff was obligated to pay the Plaintiff KRW 24,189,000. The Defendant asserts that the Defendant is obligated to pay the Plaintiff KRW 24,189,000 for the entrance price of the instant unit price contract. The Defendant’s seal affixed to the Defendant’s name indicated in the instant unit price contract form was affixed by B, and there is no dispute between the parties, and there is no legitimate authority to conclude the instant contract on behalf of the Defendant, and there is health unit, Nos. 3, 4, and 5 (including the serial number;

The entry of Eul No. 7 and the judgment of the court of first instance as to Gwangju Bank.

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