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(영문) 서울고등법원 2017.07.25 2016누57825
시정명령처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The Defendant’s act on November 17, 2015 to the Plaintiff.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) the witness of the third party 11 and the fourth party 6 among the judgment of the court of first instance shall be deemed as the witness of the court of first instance; (b) the witness of the fourth party 7 shall be deemed as the witness of the court of first instance; (c) the witness of the fourth party 7 shall be deemed as the witness of the court of first instance, and the witness of the plaintiff representative at the court of first instance shall be deemed as the witness; and (d) the "fact" of the fifth party 3 shall be deemed as the "fact and evidence"; and (e) the following facts shall be deemed as the reasons for the judgment of the court of first instance, except for the addition of the following items in paragraph (2). Thus, this shall be

2. The portion added by this court

A. The following is added at the end of the third 20th instance judgment.

Article 125 through 126 of the Civil Act, and Article 24 of the Commercial Act provides that "The disposition of this case is legitimate since the Plaintiff is obligated to pay the construction machinery rent for the construction machinery during the construction period, on the ground that, even though he/she was not an employee of the Plaintiff, but was not authorized by the Plaintiff to conclude a lease contract for construction machinery, the Plaintiff is required to use the name of the Plaintiff’s technical director, and the Plaintiff’s employee is allowed to sign each contract of this case with the Plaintiff’s trade name and to sign each contract of this case with the Plaintiff’s trade name, etc., and there is a justifiable reason to believe that the Plaintiff is authorized to conclude a lease contract for construction machinery on behalf of the Plaintiff."

B. The following is added to the fourth instance judgment of the first instance and the 18th instance judgment.

The following circumstances, which are acknowledged by the facts and evidence, namely, the form of each of the instant contracts is a construction machinery lease agreement, but there are not mentioned in the mutual assistance among the lessees, and a considerable number of the lessees are written only by the Plaintiff in the column of lessee.

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