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(영문) 서울중앙지방법원 2018.06.29 2016나74462
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons for this part of this Court's reasoning are as follows: "1. Basic facts" among the reasons for the judgment of the court of first instance is the same as the part of "1. Basic facts"; therefore, they are cited by the main sentence of Article 420

2. The parties' assertion

A. The plaintiff's assertion (1) as the owner of the building of this case delegated financial activities, such as building-related activities and offering the land owned by the defendant as security for the new construction of this case, to C. Thus, construction-related activities, which are the contents delegated by the defendant to C, are also included in the responsibility for the construction cost incidental to the new construction of this case. C grants the above authority to F who operates E, and F grants the above authority to B again, thereby granting the above authority to B, thereby granting B in order, and therefore, B, upon entering into the dispute subcontract with the plaintiff, entered the defendant's name in the joint and several guarantee column of the contract as the owner's agent, and affixed the defendant's seal. Accordingly, the defendant is liable to pay the plaintiff the price for the construction of this case,90,000 won (including value added tax) and delay damages.

(2) Even though domestic affairs B did not have the authority to act on behalf of the Defendant when entering into the Agreement on the Dispute of this case with the Plaintiff, C was granted by the Defendant a blanket power to act on behalf of the Defendant to act on behalf of the Defendant, F was granted by C, and B was granted by F, respectively, the Defendant believed that B had the authority to act on behalf of the Defendant to act on behalf of the Defendant, and that there is a justifiable reason to believe that it was the right to act on behalf of the Defendant to act on behalf of the Defendant under Article 12

(3) It shall be deemed that the Defendant delivered the Defendant’s seal in sequence C, F, and B, and the said joint and several sureties should be deemed to have been performed.

(4) The defendant.

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