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(영문) 광주지방법원 2017.02.01 2016가단35203
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff’s employees, C and in-house directors D, on behalf of the Defendant, provided the Plaintiff and the Plaintiff with the service of generating fright, selling fright, packing, packing, and mooring, and the Defendant entered into a land processing service contract with the purport that the Plaintiff shall pay KRW 15,000 per two parties in return. Since the Defendant did not perform the above contract, the Defendant is liable to pay the Plaintiff the money set forth in the above contract as compensation for damages.

B. Determination 1) According to Gap evidence Nos. 1, 3, 4, 8, and 9, the defendant's employee C may recognize the fact that he/she entered into a land processing service contract on behalf of the defendant on July 18, 2016 on behalf of the defendant, as alleged by the plaintiff. However, there is no evidence to acknowledge that C has the authority to enter into the above contract on behalf of the defendant, and the entry of evidence No. 9 alone is insufficient to recognize the fact that the defendant's internal director D entered into a land processing service contract with the same content as the plaintiff's assertion on behalf of the defendant, and there is no other evidence to acknowledge it. Thus, the above contract cannot be seen as effective against the defendant. Thus, the plaintiff's argument is without merit. 2) Since C or D constitutes an expression manager under Article 14 of the Commercial Act or an employee with the comprehensive power of attorney under Article 15 of the Commercial Act, the above land processing service contract is effective.

First of all, in order to be subject to the provisions of Article 14(1) of the Commercial Act, the place of work of the employee must be equipped with an entity as a branch under the Commercial Act, and in order to have certain places of business equipped with an entity as a branch under the Commercial Act, the place of business is not limited to mechanically limited auxiliary affairs under the direction and supervision of the head office or branch office.

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