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(영문) 인천지방법원부천지원 2016.07.15 2016가단100166
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 92,174,50 and the interest rate of KRW 15% per annum from January 23, 2016 to the day of complete payment.

Reasons

1. The following facts may be acknowledged either as a dispute between the parties, or as a whole in light of Gap evidence No. 3, Gap evidence No. 4, and the purport of all pleadings.

In around 2015, the Defendant contracted the B Rotterdam Corporation (hereinafter referred to as “B”).

B. On July 31, 2015, the Plaintiff supplied households worth KRW 92,174,50,000, KRW 36,162,50 on August 14, 2015, and KRW 92,174,50 on September 21, 2015, and installed them (hereinafter “instant construction”).

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay to the plaintiff KRW 92,174,50 as household and construction cost, and that the defendant has the obligation to pay the plaintiff the delay damages. Accordingly, the defendant asserts that C at the site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of B received the household from the plaintiff at his own discretion without the defendant's approval and it

B. Determination 1) In general, the site manager of the construction company under the legal status of C at the site manager at the site of construction (see Supreme Court Decision 2011Da79838, Feb. 28, 2013). In light of the aforementioned legal principles, in light of the health unit of this case and the overall purport of the pleading in the evidence No. 1, C can be acknowledged as being delegated by the Defendant as a site manager with the overall management of B construction site from the Defendant. Thus, C can be deemed as a partial comprehensive agent with respect to the Defendant at the site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of general category, barring any special circumstance. (2) In accordance with Article 15 of the Commercial Act of the supply effect of the Plaintiff’s delivery to the site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site of construction site

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