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(영문) 부산지방법원 2016.05.27 2015나11646
공사대금 등
Text

1. The part against the defendant in the judgment of the court of first instance, which orders payment below, shall be against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a remote area, decoration, floor materials wholesale and retail business with the trade name of "G" in Busan Geum-gu, 102. The Defendant is a stock company with the purpose of selling construction materials, interior medicine construction business, etc., and the co-defendant C of the first instance trial (hereinafter "C") was working as an employee of the Defendant.

B. On January 8, 2014, the Defendant received each contract from the E University’s Industry-Academic Cooperation Foundation for “The Nursing and Environment Improvement Corporation” for KRW 148 million, and from the D Hospital for KRW 48 million on January 14, 2014, “the 5th and 13th anniversary of the D Hospital” for “the 48th anniversary of the 5th and 13th anniversary of the D Hospital,” and on February 7, 2014, for “the 41 million dormitory remuneration work for students” respectively.

(C) All of the above construction works are referred to as “instant construction works.”

C, the site director of the instant construction, entered into an oral subcontract on part of the Plaintiff and the instant construction, and hereinafter referred to as the “instant subcontract.”

(2) On April 2014, the Plaintiff completed the construction work under the instant subcontract. [Grounds for recognition] There is no dispute, and evidence Nos. 1, 2, and 4 (including the serial number; hereinafter the same shall apply)

the purpose of each entry or video, the testimony and the whole pleading of the witness C at the trial;

2. Determination

A. Determination as to the cause of a claim 1) The Director at the site of a construction company is a person who generally takes charge of only the affairs related to the execution of construction at a specific construction site, and barring any special circumstance, he/she is an employee delegated with the specific type of business or specific matters as prescribed in Article 15 of the Commercial Act and has a partial comprehensive power of attorney. The scope of the ordinary duties of the Director at the site includes the conclusion of a subcontract and the payment of the construction cost, and the acts related to the conclusion of a lease contract and the payment of rent for a mid-term period invested in the construction work in addition to the materials and labor management related to the execution of the construction work (see Supreme Court Decision 9.9.

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