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(영문) 서울북부지방법원 2016.12.20 2015가단15853

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On August 18, 2014, the Plaintiff entered into a contract with the Defendant for a model housing construction work (hereinafter “instant contract”) located at the time of Jinjin-si (hereinafter “instant contract”). The Defendant does not pay KRW 70,000,000,000, excluding the advance payment of KRW 42 million, out of KRW 12,000,000,000, and thus, the Defendant is obligated to pay the Plaintiff the payment of KRW 70,000,000 and the delay damages.

B. Even if there was no authority to conclude a contract with C who participated in the conclusion of the contract, since the defendant granted C the appearance to represent the defendant company, the defendant is liable to the plaintiff for the apparent representative director under Article 395 of the Commercial Act.

On the other hand, the defendant appointed C as the auditor of the defendant company, and the plaintiff believed C to have the authority to conclude the contract and concluded the contract of this case. It is reasonable to view that the contract of this case was constituted as the expression agent under Article 126 of the Civil Act.

In addition, the defendant conferred the right of representation to conclude the contract to C, and thereafter notified the extinction of the right of representation. Since it is reasonable to deem the contract of this case to have been established as an expression agent under Article 129 of the Civil Act, the defendant is obliged to pay the above

C. Since there exists a usage relationship such as performing the defendant's business, and the contract of this case is related to the defendant's business execution, the defendant bears the employer's liability for tort under Article 756 of the Civil Act.

2. Facts of recognition and judgment

A. (1) On May 21, 2012, E, the actual representative of D Co., Ltd., entered into a joint project agreement with C to establish the Defendant Company (C51%, E 49% equity) to implement the project with respect to the F apartment construction project, with respect to the F apartment construction project, C, with respect to land work and authorization.

Accordingly, Defendant Company was established on June 8, 2012.

(2) E is G, and C is the Defendant Company, respectively.