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(영문) 울산지방법원 2019.10.23 2018가단75049

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 22, 2018, the Plaintiff asserted that: (a) the Korea Land and Housing Corporation performed the Defendant; and (b) the Plaintiff subcontracted the painting construction work among the 11st Section D Apartment Construction Works to the Defendant, the contract price of KRW 900 million, and the construction period from February 2018 to July 30, 2018.

At the time, the defendant was directly paid the labor cost related to the above construction to the plaintiff by the Korea Land and Housing Corporation, which is the executor company, but the labor cost was paid falsely, the defendant agreed to hold the civil and criminal liability.

However, the defendant claimed false labor costs at the above construction site, and received all the contract price of KRW 900 million even though the work ratio is 75%, and waived the above construction work in July 2018 and completed it at the site.

Accordingly, from July 2018, the Plaintiff completed the painting construction directly and disbursed labor costs of KRW 134,515,000.

Therefore, the defendant is liable to compensate the plaintiff for the damages incurred by the plaintiff in accordance with the above special agreement.

2. According to the witness E’s testimony, E, the actual representative of the non-party company F (hereinafter “non-party company”)’s employee, who was the employee of the non-party company, has the right to enter into the subcontract under the name of the defendant, and the name, resident registration number, and address of the non-party company was stated and affixed the seal impression of the non-party company to the defendant’s name. The witness E’s testimony alone has the right to enter the non-party company’s signature, not the non-party company’s signature at the time of the above contract, but the non-party company’s signature.

It is not sufficient to recognize that the defendant ratified the above act of unauthorized representation or unauthorized representation as above, and there is evidence to recognize it otherwise.