Whether the act of guaranteeing the payment of construction material price to the residents of the Eup/Myeon takes effect for the Gun where the local government is the local government

Even if the Eup's subordinate officers are local governments, the head of Eup has no authority to act on behalf of the Gun, and as long as the Gun has been delegated with such authority or the Gun has not ratified it, the act of guaranteeing the payment of the construction material price to the residents of the Eup's main office cannot take effect against the Gun.

Plaintiff

ASEAN-gun

Seoul High Court Decision 75Na1084 delivered on February 4, 1976

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The plaintiff's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, since the head of Yangyang-si, which was under his control based on the evidence of the Si, guaranteed the payment of the construction materials (finite) sold to the non-party 17 October 17, 1973 to the non-party 197, Yangyang-si, which was established by the defendant's company to the non-party 17, the court below held that the above act of payment guarantee by the head of Yangyang-si, which was merely an subsidiary organization of the defendant 1, cannot be effective as a matter of course against the defendant 2,92,708, and there is no evidence suggesting that the defendant 2,900,000 won, which did not affect the above non-party 1's construction promotion committee's above act of payment guarantee by the non-party 1, the defendant 2,000 won, and the court below did not err by misapprehending the legal principles as to the above act of payment guarantee by the non-party 1,000,0000 won,000 won.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Young-young (Presiding Justice)