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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the manufacture and sale of wood products and Gohap, and the Defendant is a person who operates “C” to process timber, and D is a child of the Defendant.
B. On December 1, 2012, the Plaintiff heard the story that “the Plaintiff would cause the supply of timber to C” from D, and received KRW 2,509,250 out of the price of the said goods in D’s name from December 18, 2012 to February 22, 2013 (hereinafter “instant contract for the supply of timber”).
C. On December 18, 2012, the Plaintiff issued an electronic tax invoice of KRW 1,559,250 on supply price of KRW 1,89,250 on December 18, 2012, KRW 1,896,048 on January 21, 2013, and KRW 30,393,792 on February 22, 2013, and around that time, the Plaintiff demanded the Defendant to pay the unpaid amount of KRW 31,339,840 (= KRW 33,849,090 - KRW 2,509,250).
[Reasons for Recognition] Facts without dispute, Gap 1 through 4, 10, 13 evidence (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) In the Plaintiff’s assertion, the instant goods supply contract was lawfully concluded between the original Defendant through D, the Defendant, who is the Defendant’s trade employee with a comprehensive power of attorney, and the Defendant is obligated to pay the Plaintiff the unpaid goods price and damages for delay pursuant to the said goods supply contract. Preliminaryly, even if D is not the Defendant’s trade employee, as D without authority, thereby causing damages to the Plaintiff by entering into the instant goods supply contract under the Defendant’s name without authority. As such, the Defendant is liable for damages under Article 756 of the Civil Act as the employer, or for aiding and abetting by negligence under Article 750 of the Civil Act, as the Defendant is liable for damages under Article 756 of the Civil Act or for aiding and abetting by negligence under Article 750