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(영문) 인천지방법원 2021.02.02 2020나52118
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are in the judgment of the court of first instance.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the plaintiff's argument in the court of first instance, except for adding the plaintiff's argument as follows, and even if the evidence submitted in the court of first instance different from the evidence submitted in the court of first instance submitted to this court, the recognition and determination of the facts of first instance is justified.

Therefore, the court's reasoning concerning this case is as follows: (a) the witness of the first instance court No. 16, No. 14, No. 5, and No. 6, No. 10, No. 2, No. 7, and No. 9, respectively, "the witness of the second instance court"; (b) the witness of the second instance court No. 6, No. 10, as "the court of first instance"; (c) the witness of the second instance No. 12, and No. 13, "the letter of confirmation" of No. 6, No. 12, and No. 17, as "E"; and (d) the witness E of the first instance court No. 17, "E", "the plaintiff added to this court," and the part of the judgment of the court of first instance, other than adding "the additional judgment No. 2. 7," as stated below, are cited in the main sentence of Article 20, as it is, by the Civil Procedure Act.

2. Additional determination

A. The plaintiff did not have the authority to prepare the instant agreement on behalf of the defendant, even if he did not have the authority to prepare it.

E, even if there are basic rights of representation, such as receiving the Defendant’s seal impression, account transfer cards, etc., E drafted the instant agreement, and at the time, E is the Defendant’s joint representative, etc., the Plaintiff as the Plaintiff has the same authority as the Plaintiff.

Since there is a justifiable reason to believe, the defendant asserts that he should bear the responsibility under the agreement of this case in accordance with Article 126 of the Civil Code.

B. In light of the above, P Co., Ltd., a trust company of theO, may not pay the construction price to the sewage-holders if the construction price is paid to B andO, and thus, the entire construction price of the instant case shall be paid directly.

The defect, E received an employee reduction, account transfer card, and account transfer card from Defendant Representative Q, but it is also recognized as above, on the other hand.

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