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(영문) 수원지방법원 2020.10.22 2020나53347
임금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Defendant is a company that operates the business of construction of sanitary cooling, heating, and fire-fighting equipment.

B. On January 8, 2019, the Plaintiff received delivery of a letter of payment for the following construction cost (hereinafter “instant letter of payment”) from the head of the site office of the Defendant Company E, while the Plaintiff intended to perform part of the sprinking pipe work among the D Construction Works for Construction of New Buildings ordered by the Defendant Company C (State).

Before January 12, 2019, when the Plaintiff completed the construction of 1-3rd floor (Singler Pipelines), E shall pay the Plaintiff KRW 11 million and draw up a letter.

Provided, That the work shall be completed by January 18, 2019.

C. On January 12, 2019, the Plaintiff received a work confirmation from E to the effect that the pipeline work has been completed (hereinafter “instant work confirmation”).

The instant work confirmation states that the contact work agreed to complete work on January 18, 2019 has not yet been completed, and the Plaintiff completed the contact work on January 19, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, and 9 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) Whether the notice of payment in this case affects the defendant company, a commercial employee, who has a partial comprehensive power of attorney under Article 15 of the Commercial Act, may perform all acts other than trials on a specific type of business or a specific matter granted to him/her, and therefore, there is no separate right from the business owner for each act. However, whether a certain act falls under a specific type or matter of business delegated to him/her shall be objectively determined in accordance with the trade norms in consideration of various circumstances, such as the size and nature of the pertinent business, the form and continuity of the transaction, the name of the employee, the overall job division, etc. (see Supreme Court Decision 2007Da20440, May 28, 2009; 2007Da20440,

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