logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.04 2014나15048
물품대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiffs asserted that they concluded a reduction contract through H on October 2012 and around November 2012 (hereinafter “instant contract”) and delivered the reduction thereof to H.

In addition, the defendant is liable to pay the price for reduction that the plaintiffs have not received for the following reasons.

① Since H concluded the instant contract on behalf of the Defendant as the Defendant’s employee, the Defendant is the purchaser of the instant contract.

(2) The defendant shall be liable for the act of H as an expression agent under Articles 125, 126 and 129 of the Civil Act.

(3) The defendant shall be liable for the lending of name to H's act under Article 24 of the Commercial Act.

2. Determination:

A. The written evidence Nos. 11 and 13 as to whether H has the right to represent the Defendant as the Defendant’s employee is insufficient to recognize that H is the Defendant’s employee at the time of entering into the instant contract, and there is no other evidence to prove otherwise.

Rather, according to the overall purport of Gap evidence No. 14 and the argument, H’s conclusion of the instant contract as a party to the contract and H’s fact that H is not an employee of the defendant.

Therefore, the plaintiff's above assertion is without merit.

B. In order to recognize the responsibility for the apparent representation under the Civil Act or to recognize the responsibility for the apparent representation under the Civil Act, a representative who has no legitimate power of representation is premised on the fact that he/she has done a legal

However, according to the purport of Gap evidence No. 14 and the whole arguments, the contract of this case can be acknowledged not by H on behalf of the defendant but by itself as a party to the contract.

Therefore, as long as the party to the instant contract is H, the liability of expression agency premised on the act of representation cannot be recognized.

C. It is recognized that the responsibility of the nominal lender under the Commercial Act is recognized as the responsibility of the nominal lender under the Commercial Act.

arrow