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(영문) 서울동부지방법원 2019.05.31 2018나26293
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are recognized as legitimate even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the following judgments as to the allegations added by the plaintiff in this court, and therefore, it is acceptable to accept them according to the main sentence of Article 420 of the Civil Procedure Act.

2. As to the employee's assertion of partial comprehensive power of attorney

A. The Plaintiff’s assertion D is the Defendant’s commercial employee, who was a field manager of the instant riding club run by the Defendant at the time of the instant riding club run by the Plaintiff (hereinafter “instant construction”).

Therefore, the defendant is obligated to pay 4,400 won to the plaintiff according to the construction contract of this case entered into with the plaintiff as its employee D.

B. An employee with a partial comprehensive power of representation under Article 15 of the Commercial Act refers to a commercial employee with the power of representation to perform all acts other than trials on a specific type of business or specified matters. Thus, the employee’s contents of business must be naturally included in the employee’s legal act on behalf of the business owner.

(See Supreme Court Decision 2007Da23425 Decided August 23, 2007). According to the evidence No. 2, D is recognized as having held the Defendant’s position as an internal director by August 14, 2015, and D merely based on the evidence No. 12, evidence No. 18-1 through 4, and evidence No. 19, evidence No. 18-1, and evidence No. 19, evidence No. 19, and evidence No. 19, evidence No. 19, and evidence No. h’s testimony by the witness of the party.

It is insufficient to recognize the fact that a partial comprehensive power of attorney, including the authority to conclude the contract for the instant construction project, has been granted by the Defendant, and otherwise, evidence to acknowledge it.

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