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(영문) 수원지방법원 2016.11.24 2016나636
식대
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The plaintiff's assertion asserts the following grounds for the claim: A.

G entered into a meal supply contract (hereinafter “instant contract”) with the Plaintiff at the site of the E Hospital Extension Corporation (hereinafter “instant construction”). G was not the “G president” at the instant construction site. At the time of the instant construction, the Defendant was registered as the Defendant’s internal director at the time of the instant construction, and thus, the Defendant is liable for the act of G as the expressed representative director pursuant to Article 395 of the Commercial Act.

B. The Plaintiff provided food to the Defendant’s employees and his/her employees from January 10, 2014 to April 30, 2014 while operating a restaurant at the construction site of the instant case. As such, the Defendant is obliged to pay the remainder meal cost under the instant contract.

C. The Defendant jointly and severally guaranteed the responsibilities of G with respect to G, and as C concurrently assumed the meal cost obligation for the Plaintiff, the Defendant also bears the meal cost obligation for the Plaintiff according to the above joint and several sureties.

2. Determination on the cause of the claim

(a) Recognizing facts as follows may be found, either in dispute between the parties, or in full view of the entries in Gap evidence 1 to 5, 7 to 14, and the testimony and the whole purport of the pleadings of the witness H in the first instance trial.

① On July 12, 2012, G was registered as the Defendant’s intra-company director. On March 11, 2014, G resigned from the intra-company director. At the instant construction site, G was “the President” from the Defendant’s employees and the Defendant’s employees.

② Before supplying meals to the instant construction site, the Plaintiff entered into a contract with the Defendant to supply meals to the instant apartment construction site, and supplied meals to the instant construction site. Around January 2014, the Plaintiff entered into the instant contract with G in the said manner.

③ From January 2014 to April 2014, the Plaintiff provided food to the Defendant’s employees and the Defendant’s employees at the construction site.

(4) The defendant

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