양수금청구의소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation on the instant case is as follows, except for the addition of the judgment on the Plaintiff’s argument at the trial, and therefore, it is consistent with the reasoning for the judgment at the first instance. As such, this is cited by the main sentence of Article 420 of
“In the first instance, the Plaintiff, even if D, on behalf of the Defendant, shall subcontract the “civil works” during the instant construction works on behalf of the Defendant (hereinafter “instant subcontract”).
) Even without the authority to conclude a contract, E asserts that the Defendant is liable for expressive representation pursuant to Article 126 of the Civil Act because there was a justifiable reason to believe that D has the authority to conclude the contract on behalf of the Defendant. First of all, if Eul’s evidence Nos. 3, 2-1 of evidence No. 2, and witness D of the court of first instance added the purport of the entire pleading to D’s testimony, it is recognized that D received the start-up of the commercial building of this case on behalf of the Defendant around August 2015, and performed administrative affairs related to the construction of the building, such as electric application for construction, and application for construction supervision, on behalf of the Defendant, it is deemed that D had the basic authority to conclude the subcontract of this case on behalf of the Defendant. However, if there was no dispute between the parties to believe that E had the authority to conclude the subcontract of this case on behalf of the Defendant, or that E did not have the authority to conclude the subcontract of this case on behalf of the witness of the first instance court, there is no reason to acknowledge the Plaintiff’s signature or seal impression.
2. If so, the plaintiff's claim of this case.