logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.02.03 2015나15162
전부금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasoning of the judgment of the first instance is reasonable, and it is cited by the main sentence of Article 420 of the Civil Procedure Act.

The defendant asserts that even in this court, the confirmation board of this case was prepared by K at will without agreement with the defendant, and the defendant's seal affixed to the defendant shall also belong to F as the representative of the defendant, and that the unpaid construction cost includes the construction cost already paid, and that the defendant cannot respond to the plaintiff's claim since it did not have any entry into a contract with C for construction work.

However, even if all the evidence presented to this court are collected, it is ratified that the seal of the defendant and his representative affixed to the confirmation center of this case was made against the will of the defendant's representative, and thus the confirmation center of this case was made based on the defendant's will.

Furthermore, the evidence submitted alone is insufficient to acknowledge that the unpaid construction cost already paid to the confirmatory source of this case includes the unpaid construction cost, and there is no other sufficient evidence to regard it as such.

In addition, since the claim of the plaintiff is based on the confirmation source of this case that the defendant directly pays the unpaid construction cost to C, whether the contract for construction work was concluded with the defendant does not interfere with the determination of the legitimacy of the claim of the plaintiff.

All Defendant’s assertion cannot be accepted.

The judgment of the court of first instance is just and the defendant's appeal is dismissed.

arrow