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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(except for parts inconsistent with the reasons for the ruling of the court). 2. Additional decision
A. The key issue of the instant case is to determine who is the party to the soil and sand transport contract at the construction site of the instant case (hereinafter “instant contract”).
B. Legal doctrine 1) who is a party to a contract constitutes a matter of interpretation of the intent of the party involved in the contract (see, e.g., Supreme Court Decision 2012Da4471, Nov. 29, 2012). In relation to the determination of the parties to the contract, if both parties agree, the parties to the contract must be determined according to the agreed intent, and if both parties fail to agree, a reasonable person should be determined based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc. of the contract, and if a reasonable person wishes to understand as a party to the contract (see, e.g., Supreme Court Decision 97Da22089, Mar. 13, 1998). 2), the construction company’s business for the purpose of construction business can be largely divided into two categories, namely, the construction company’s work related to construction work at a specific construction site, and thus, the construction site manager has a specific type of business delegation.
The scope of ordinary business affairs of the site manager of a construction site shall be limited to the conclusion of a subcontract and the payment of the construction cost thereof, and the mid-term works invested in the construction site, in addition to the management of materials and labor related to the execution of the construction.