(영문) 청주지방법원 2015.02.13 2014나964 | 리걸엔진

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(영문) 청주지방법원 2015.02.13 2014나964

청구이의

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 26, 2011, between the Defendant and C, the Plaintiff was ordered, and the Defendant supplied the Plaintiff with ready-mixeds with the size of “25-18-120, 25-24-120” at the site of the B-factory construction work located in Chungcheong City (hereinafter “instant construction work”) located in Chungcheongnam-si (hereinafter “instant construction work”), and the text of which the Plaintiff’s joint and several surety obligation against the Defendant (hereinafter “instant order”).

B. From August 25, 2011 to September 2, 2011, the Defendant supplied ready-mixeds equivalent to KRW 10,59,160 to the construction site of the instant construction site.

C. On January 8, 2013, the Defendant received a payment order (Cheongju District Court Decision 2013jj10, hereinafter “instant payment order”) stating that the Plaintiff would pay the price for ready-mixed and delayed payment corresponding to the above KRW 10,59,160, and the said payment order was finalized on January 26, 2013.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion did not enter into a contract for the supply of ready-mixed with the defendant for the instant construction work, and C assumes the plaintiff as a responsible manager at the construction site and prepares the order of this case with the defendant without legitimate authority. Thus, the plaintiff is not obligated to pay the price of ready-mixed as claimed by the defendant to the defendant.

Therefore, compulsory execution based on the payment order of this case should not be permitted.

B. The Defendant’s assertion that the Plaintiff contracted the instant construction from Company B, and the Plaintiff’s representative director D entrusted C with the duties of the field director in connection with the instant construction work. Therefore, C has a legitimate authority to prepare the instant order with the Defendant and conclude a contract for the supply of ready-mixed.

Furthermore, even if C did not have the authority to conclude the supply contract of ready-mixed, ① the construction site of this case was the site where the Plaintiff performed the construction work, and ②.

유사 판례

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