1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court of first instance’s explanation as to this case is as follows: (a) the statement of evidence No. 25, which is insufficient to acknowledge the Plaintiff’s assertion as additional evidence submitted in the trial; and (b) even if C did not grant the right to conclude a contract as to the contents of the instant confirmation, Article 126 of the Civil Act is established and the Defendant is obligated to perform the contents of the instant confirmation to the Plaintiff; and (c) therefore, the reasoning for the judgment of the court of first instance is as follows, except for the rejection of the Plaintiff’s assertion for the following reasons.

In order to claim the effect of an expression agency in excess of the authority stipulated in Article 126 of the Civil Act, it is required that the other party believe that the agent has the right of representation and there is a justifiable reason to believe that the other party has the right of representation in the case where the agent expresses or explicitly expresses or performs an act other than his authority with the intention of representation. The existence of the justifiable reason here should be objectively observed and determined in all the circumstances existing when the agent act by the name is performed.

(2) In light of the above legal principles, the Plaintiff, as the head of Samsung Fire and Marine Insurance Co., Ltd., was working as the head of the Daegu Central Project Agency that manages the Defendant company’s Daegu Northern District Agency from around August 2008 to around 2008, in light of the above legal principles (see Supreme Court Decision 2012Da27001, Jul. 26, 201). In light of the above, it is difficult to see that C was in the position of the representative of the Defendant company as the head of the Daegu Central Project Headquarters, and even if the Plaintiff has the power of representation against C, the Plaintiff was working as the insurance manager at Samsung Fire and Marine Insurance Co., Ltd., and was working as the head of the Daegu Central Project Agency that manages the Defendant company’s Daegu Northern Northern District Agency from around August 200.