Whether the head of the management department in charge of labor, materials, safety, and accounting under the direction of the head of the site office has the authority to perform the act such as guaranteeing the obligation to be borne by the company (negative)

The head of the management department in charge of labor, materials, safety and accounting affairs under the direction of the head of the field director in charge of the affairs related to the execution of the construction works in the company which has been awarded a contract for the construction works shall have a partial comprehensive power of attorney as prescribed in Article 15 of the Commercial Act with respect to such affairs. However, insofar as the ordinary affairs are limited to labor, materials, safety and accounting affairs related to the execution of the construction works, it shall not be deemed that the company has the authority to perform such acts

Article 15 of the Commercial Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant) and 1 other (Law No. 454, Dec. 3, 1990, Counsel for plaintiff-appellant)

Public Co., Ltd. (Attorney Or-sik et al., Counsel for defendant-appellee)

The administrator of Hanyang Co., Ltd. (Attorney Seo-sung et al., Counsel for the plaintiff-appellant)

Seoul District Court Decision 97Na57466 delivered on June 10, 1998

The part of the judgment below against the defendant is reversed, and that part of the case is remanded to the Panel Division of Seoul District Court.

The grounds of appeal are examined.

1. Summary of the judgment below

The court below, on January 23, 195, ordered the non-party 2 to arrange the above 0-year construction cost for the non-party 1 corporation to the non-party 5 - the non-party 1 corporation's - the non-party 9 corporation's - the non-party 2 corporation's - the non-party 9 corporation's - the non-party 9 corporation's - the non-party 9 corporation's - the non-party 2 corporation's - the non-party 9 corporation's - the non-party 9 corporation's - the non-party 9 corporation's - the non-party 2 corporation's 9 corporation's - the non-party 9 corporation's - the non-party 9 corporation's - the non-party 2 corporation's 9 corporation's - the non-party 9 corporation's 9 corporation's - the plaintiff's 9 corporation's 9 corporation's - the plaintiff's 9 corporation's 9 corporation'.

2. Determination

A. In light of the records, the court below is justified in finding that the court below paid 20,000 won to the non-party company on July 25, 1995 after deducting the amount paid as advance payment from the payment for the completed portion in May 25, 1995, after supplying ready-mixed at the site of the subcontracted construction of this case four times from May 13, 1995 to the site of the subcontracted construction of this case, and the reorganization company demanded the plaintiff on May 25, 1995 to change the name of the delivery place of the simplified tax invoice to the non-party company, and the reorganization company paid 20,000 won to the non-party company after deducting the amount paid as advance payment from the payment for the completed portion in May 25, 1995, and there is no error of law by mistake of facts due to violation of the rules

B. However, as determined by the court below, Kim Ho-sung is the head of the management department in charge of labor, materials, safety, and accounting at the entire construction site of this case under the direction of the head of the field office in charge of the affairs related to the execution of the construction. However, as long as the ordinary affairs are limited to labor, materials, safety, and accounting affairs related to the execution of the construction, he cannot be deemed to have the authority to perform such acts as debt guarantee or debt assumption, etc. which will normally be borne by the company (see Supreme Court Decision 94Da2084 delivered on September 30, 1994). Thus, it is difficult to arrange the agreement that Kim Ho-sung would not have the authority to directly supply the plaintiff to the non-party company on May 25, 1995 (as evidence 2 of this case, from May 195 to the non-party 1, 1995 to the non-party 5 company's order to adjust the contract to the non-party 1 to the non-party 1 company. It cannot be deemed that the plaintiff would have the authority to directly supply the plaintiff.

Nevertheless, on the ground that Kim Ho-sung is an employee under Article 15 of the Commercial Act who has the authority to partially comprehensively act for the reorganization company in managing materials at the entire construction site of this case, the defendant is obligated to pay the price of this case to the non-party company in accordance with the above payment agreement of Kim Ho-ho in accordance with the above payment agreement of Kim Ho-sung, and there is an error of law by misunderstanding the legal principles as to partial comprehensive power under Article 15 of the Commercial Act, which affected the conclusion of the judgment. The ground of appeal pointing this out has merit.

3. Therefore, without examining the remaining grounds of appeal, the part against the defendant among the judgment below against the defendant is reversed, and that part of the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating judges.

Justices Cho Cho-Un (Presiding Justice)