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(영문) 대전고등법원 2016.07.08 2015나1824
양돈매매대금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment by the court of first instance is as stated in the part of the reasoning of the judgment by the court of first instance, except for an additional determination as to a new assertion by the defendant in the court of first instance as stated in the following 2. Thus, it is acceptable to accept it as it is in accordance with the main sentence

2. Determination on the additional argument

A. The Defendant’s assertion G and H had a basic right of representation, such as directly receiving the amount supplied by the Plaintiffs to the Defendant in the course of operating the Plaintiff’s direct sales outlet. Since G and H indicated that they were the Plaintiffs’ representatives at the time of the preparation of the instant factual confirmation (Evidence No. 1), the Defendant had justifiable grounds to believe that G and H had the right to make the instant agreement on behalf of the Plaintiffs, and thus, the Plaintiffs are liable for expressive representation regarding the instant agreement in accordance with Article 126 of the Civil Act.

B. At the time of the instant agreement, G and H had the basic power to act on behalf of the Plaintiffs on the sole basis of the statements in the evidence Nos. 3, 4, and 5 as well as the testimony by the witness G at the trial.

It is insufficient to recognize that the Defendant has justifiable grounds to believe that G and H has the authority to conclude the instant agreement on behalf of the Plaintiffs, and there is no other evidence to acknowledge it. Therefore, the Defendant’s above assertion is without merit.

3. The plaintiffs' claims are justified in its entirety, and the judgment of the court of first instance is justified in its conclusion, and it is so decided as per Disposition by the defendant's appeal.

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