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1. The Defendant’s KRW 49,200,00 and the Plaintiff’s annual rate of KRW 6% from May 23, 2016 to November 18, 2016, and the following.
Reasons
1. The facts following the facts are either in dispute between the parties or in accordance with the statements in Gap evidence 1-1, 2, and 2, and the whole purport of the pleadings.
The plaintiff is engaged in interior decoration business in the trade name of "C", and the defendant is engaged in construction business and interior fishery business in the trade name of "D".
B. On April 30, 2012, the Plaintiff submitted a written estimate of KRW 57,770,000 (excluding value-added tax) to the HG project among the FG projects in E (hereinafter “instant project”). The said written estimate was written as “the Defendant’s site manager return” as the other party who received the written estimate.
2. The assertion and judgment
A. (1) The Plaintiff asserted that: (a) the Plaintiff completed the instant construction on May 25, 2015; (b) paid KRW 8,80,000,000 (including value-added tax) out of KRW 58 million, but did not receive the remainder of the construction cost (i.e., KRW 58 million - KRW 8 million).
As to this, the defendant asserts that the contract of this case was not concluded between the plaintiff and the plaintiff.
(2) The duties of a construction company for the determination of construction business can be divided into two parts, namely, orders of construction and execution of construction. Since the director of the construction company’s site is generally responsible for only construction work at a specific construction site, it cannot be deemed as a so-called expression manager, i.e., an employee with a business title of the head office or branch office under Article 14 of the Commercial Act or other similar titles, barring any special circumstance. It is reasonable to deem that an employee delegated with specific type of business or specific matters under Article 15 of the Commercial Act has a partial comprehensive power of attorney. The scope of the ordinary duties of the director of the construction site shall be excluded from materials and labor management related to the execution of construction.