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(영문) 대전지방법원 2015.10.08 2014가단44670

용역비

Text

1. The Defendant shall pay to the Plaintiff KRW 20,195,00 and the interest rate of KRW 20% per annum from October 9, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. At the request of the Defendant’s head of the site, the Plaintiff provided the Plaintiff with a seal at the construction site of the panel building located in the building site in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant’s office from March 5, 2014 to June 28, 2014, and at the building site located in the vice section of the Chungcheong-gun, the building site and the building site operated by the

(hereinafter “instant service contract”). B.

The Plaintiff paid 29,195,000 won to each of the following persons during the above period, and the Plaintiff received KRW 9,000,000 from the Defendant on June 26, 2014.

The monthly payment amount (which was the first 4,310,00 on March 4, 2014; 13,875,000 on May 3, 2014; 29,195,000 on June 7, 2014; 29,195,00 on June 7, 200 ; 3,310,000 on June 7, 2014 ; 1 through 3; 2,310,000 on March 4, 2014; 4,310,000 on March 4, 2014; 4,310,000; 4,000

2. The allegations by the parties and the determination thereof

A. Since the contract of this case was concluded with the head of the field office B, who is the representative of the defendant claiming the plaintiff, the defendant is obligated to pay the remaining service cost of KRW 20,195,00 and delay damages to the plaintiff.

B. The Defendant’s assertion B is an independent business entity that received a subcontract from the Defendant for a panel building project and a construction project on the side of the building site located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and only made and used a name of the Defendant’s site manager, and the Defendant paid the construction cost to B. As such, the Defendant is not the Defendant but the Defendant.

C. Relevant regulations and legal principles 1) Even if an agent for commercial activities does not indicate that his/her act is for himself/herself, the act is effective for himself/herself (the main sentence of Article 48 of the Commercial Act). (2) The site manager at the construction site has a partial comprehensive power of attorney as an employee delegated with the specific type of business or specific matters under Article 15 of the Commercial Act. The scope of his/her ordinary business is related to the materials and labor management related to the construction project.