인건비 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In the process of being awarded a contract for construction of rice processing plants and storage facilities on the ground B from the continental of the farming association corporation, the Defendant: (a) awarded the right to represent bidding affairs to D, an employee of C, a stock company, in the process of being awarded a contract for the said construction
(In the absence of dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings). 2. Determination as to the cause of action
A. On October 2013, the Plaintiff’s gist of the Plaintiff’s assertion entered into a contract with D, an employee of the Defendant, for the construction of machinery and equipment among the construction works contracted by the Defendant from the continental territory of the agricultural partnership (hereinafter “instant contract”) and performed the said construction. The Plaintiff did not receive KRW 62,620,000 on the pretext of labor cost, expenses, etc.
Therefore, the defendant as a party to the contract of this case must pay the above KRW 62,620,00 to the plaintiff.
Even if the Defendant is not a party to the instant contract, the Plaintiff believed that it had the authority to act for the Defendant regarding the conclusion of the instant contract, and concluded the instant construction contract with D. Thus, the Defendant is liable for having the Plaintiff, a bona fide third party, believe such appearance.
(b) the expression agency’s assertion. (b)
Judgment
However, the fact that there is no dispute between the parties, and that the statement No. 2 added to the purport of the entire pleadings, it is recognized that the defendant allowed D to use the name of the director of the defendant company.
However, such circumstance alone is insufficient to deem that the Defendant granted D a legitimate power of representation for the execution of the instant contract, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's primary argument cannot be accepted.
On the other hand, in order to establish an expression agency in excess of the power of Article 126 of the Civil Code, the person who refers to the agent must have the basic power of representation and the other party should be deemed to have the power of representation.