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(영문) 서울고등법원 2018.02.01 2017나2024326

손해배상(기)

Text

1. The first instance judgment, including a claim added or reduced in the trial, shall be amended as follows:

The plaintiff.

Reasons

1. The reasoning for this Court’s explanation is as follows: (a) except for the addition of “Defendant Hyundai Construction dealt with earth and stone arising from the instant construction section due to the opening of the second East Highway,” from the fourth to the fourth part of the judgment of the court of the first instance; and (b) it is identical to the entry of “1. Basic fact” from the second to the fourth part of the judgment of the court of the first instance, i.e., from the fourth to the fourth part, i.e., from the fourth part of the judgment of the court of the first instance. Therefore, it is acceptable in accordance with the main text

2. The parties' assertion

A. Plaintiff 1) Defendant Hyundai Construction Co., Ltd. (hereinafter “Defendant Hyundai Construction”).

The Plaintiff is an employee who has a partial comprehensive power of attorney. At the time of the conclusion of the instant contract, the Plaintiff was aware that Defendant B was a party to the instant contract. The Plaintiff did not indicate that the agent for commercial activities under Articles 48 and 48 of the Commercial Act was for himself/herself. However, if the other party does not know that he/she is for himself/herself, the agent may also request performance of the instant contract. Accordingly, all the Defendants are obliged to deliver earth and sand and blasting cancer over two occasions in proportion to 1:2. However, the Defendants are obliged to deliver only one blast, 39,950 cubic meters of the instant contract to the instant park, and the delivery of earth and sand was suspended without mutual consultation on November 2014, and the Plaintiff did not comply with the Plaintiff’s claim that the Plaintiff was able to deliver earth and sand and blasting Jeju around November 2015, and the Defendants’ obligation to compensate for damages arising from the Plaintiff’s construction and blasting of the instant construction on the instant construction site.