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(영문) 대법원 2017.09.21 2017다18156
공사대금
Text

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. A written judgment shall state the reasons, and it shall indicate the judgment on the party’s allegations and other means of offence and defense to the extent that it can be recognized that the main text is justifiable (Article 208(1) and (2) of the Civil Procedure Act). When the reasons for a judgment are not clarified, an absolute ground for appeal is an absolute ground for appeal (Article 424 of the Civil Procedure Act).

(1) In the first instance trial, the Plaintiff concluded a civil engineering work contract (hereinafter “instant construction contract”) with the Plaintiff on behalf of the Defendant on the six lots, such as Pyeongtaek-si D (hereinafter “instant land”) on behalf of the Defendant, and the Defendant is obligated to pay the construction price to the Plaintiff. The Plaintiff submitted the instant construction contract (Evidence A).

(2) As to this, the Defendant asserted that the instant construction contract was forged, C did not prepare the instant construction contract, and the Defendant did not grant C the power to represent the instant construction contract.

(3) The first instance court rejected the Plaintiff’s claim on the ground that it was insufficient to prove that the Defendant granted C the right to represent regarding the conclusion of the instant construction contract without determining who actually prepared the instant construction contract.

B. (1) In the lower judgment, the Plaintiff failed to obtain the power of attorney to conclude the instant construction contract from the Defendant.

Even if the contract of this case was ratified, it constitutes an expression representation under Article 125 and Article 126 of the Civil Code, and the defendant added his argument that the contract of this case was ratified.

In addition, as evidence of the above argument, ① copy of the deposit passbook under the name of the defendant, deposit and withdrawal card, ② the stamp image of the defendant's name affixed on the instant construction contract, which is alleged by C to have been delivered to the plaintiff at the time of the preparation of the construction contract of this case.

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