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(영문) 서울고등법원 2019.02.15 2018나2001603
위임 보수 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. 1) The parties’ assertion 1) The Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated”) (hereinafter “Defendant Incorporated”) contracted to E Co., Ltd. (hereinafter “E”), agreed to delegate the overall management of D New Construction Works located in F F (hereinafter “instant construction”) to the Plaintiff, and pay 250 million won with remuneration. Defendant C jointly and severally guaranteed the delegated remuneration obligation of the Defendant Incorporated. Since the Plaintiff performed the delegated work under the delegation contract from March 5, 2009 to February 201, the Defendants are jointly and severally liable to pay the delegated remuneration to the Plaintiff. (2) The Plaintiff’s assertion of the Defendant Incorporated constitutes only the employee of the Defendant Incorporated, and did not conclude a delegation contract and a remuneration agreement with the Defendant Company.

B. The existence of a contract between the Plaintiff and the Defendants and the legal nature thereof 1) Defendant corporation is a corporation with the purpose of establishing, operating, and managing the charnel facilities.

G is a person dismissed while serving as a director with the power of representation of the Defendant corporation from July 2007 to November 201, 2012. Defendant C is a person who served as a director of the Defendant corporation from April 2008 to June 2010.

B) From around 2007, the Defendant corporation began the instant construction, but it experienced the process of suspending the construction due to the nonperformance of the construction works, and around December 2009, completed the instant construction works to E and completed around November 201, and from March 2012, G, the representative of the Defendant corporation, began to sell the instant construction works from March 201. (c) had the Defendant C perform the work related to the instant construction. The Defendant C introduced the Plaintiff, who had qualifications related to the construction works, including building construction engineers, who had been engaged in the construction works for a considerable period of time, as the field supervision to manage the instant construction works.

The Plaintiff, from March 5, 2009, completed the construction site after completion of the instant construction from March 5, 2009.

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