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(영문) 청주지방법원 2016.03.16 2015가단14518
설계비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. (1) On March 10, 2014, the Plaintiff entered into a construction design and construction supervision agreement with the Defendant and Boan-si on the “New Construction Corporation for D Animals and Plant-Related Facilities” on the ground of two parcels, both the Defendant and Boan-si.

Since the plaintiff completed the design work and delivered the design drawings to the defendant as stipulated in the above contract, the defendant is obligated to pay the plaintiff KRW 132,00,000 in return for the completion of the design work as stipulated in the above contract.

The other party to the above contract of the Plaintiff’s argument is not the Defendant but the agricultural corporation D Co., Ltd.

The defendant shall not have received the design drawing.

B. As to who is an actor or title holder, in cases where an actor who executes a judgment contract was engaged in a juristic act in the name of another person, the contracting party shall first determine the offender or title holder as the party to the contract in accordance with the consent of the actor, if the actor and the other party agree with each other. If the other party fail to agree with each other, then the other party shall be determined in accordance with the specific circumstances before and after the conclusion of the contract, including the nature, content, purpose, and details of the contract, if any, of the actor and title holder, based on which

Therefore, if the other party to the contract agrees to conclude the contract through a proxy when the other party to the contract executes the contract through a proxy, the other party is the party to the contract regardless of the existence or absence of representative authority of the proxy.

(see, e.g., Supreme Court Decision 2009Da27513, Dec. 10, 2009). Meanwhile, even if an agent for commercial activities does not indicate that he/she is on behalf of himself/herself, such act is effective against himself/herself.

(main sentence of Article 48 of the Commercial Act). In this case, Gap evidence 2, 5, and Eul

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