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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
purport:
Reasons
1. Facts of recognition;
A. The Defendant was awarded a contract from B and C for a new urban housing construction project on the ground of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and appointed E as the head of the above site office for construction and carried out the construction project.
B. On April 26, 2013, the Plaintiff entered into a subcontract with the construction cost of KRW 3,940,000 with respect to the packing work at the construction site E and the said construction site. The Plaintiff completed the packing work on May 1, 2013.
[Reasons for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 3, Purport of the whole pleadings]
2. In light of the above legal principle, it is reasonable to view that the construction site manager of the construction company generally takes charge of the work related to the construction work at a specific construction site, and as an employee delegated with the specific type of business or specific matters under Article 15 of the Commercial Act, only has a partial comprehensive right of attorney. The scope of the ordinary work of the site manager includes the conclusion of a subcontract related to the construction work, the payment of the construction cost, the payment of the rent, etc. in addition to the materials and labor management related to the construction work, and the act of concluding a lease contract and the payment of the rent thereof (see, e, Supreme Court Decisions 94Da2084, Sept. 30, 1994; 201Da79838, Feb. 28, 2013). Thus, in light of the above legal principle, it is reasonable to deem that E, a site manager of the construction company of this case, has the authority to conclude the above subcontract on behalf of the defendant, barring any special circumstance.
Therefore, the Defendant’s aforementioned KRW 3,940,00 and its payment to the Plaintiff are set forth in the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from June 29, 2015 to the day of full payment, which is the day following the completion date of construction of the instant complaint filed by the Plaintiff.