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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff asserts that, on November 8, 2012, the Defendant’s agent, entrusted the collection, transportation, etc. of construction waste and earth and sand generated from the Seoul Jongno-gu Seoul Metropolitan Government and D ground-based construction site (hereinafter “instant construction site”) in which the Defendant is the owner, and performed the disposal of waste, etc. in a total of KRW 6,880,00 from November 10 to 13, 2012, the Defendant is obligated to pay the Plaintiff the price of KRW 6,880,000 for the disposal of waste, etc. and the delay damages therefrom.
As to this, the defendant asserts that B is not the defendant's agent but the defendant's seal affixed on the construction waste disposal contract is affixed with his own discretion.
B. According to the records in Gap evidence No. 1-1, although the defendant's seal is recognized as affixed to the defendant's name on November 10, 2012, the defendant's seal is affixed to the construction waste disposal contract "A (discharge business establishment)" as of November 10, 2012, it is insufficient to recognize that Eul obtained the power of attorney to conclude a construction waste disposal contract from the defendant only with the witness of the first instance court, E, and F's testimony, and there is no other evidence to acknowledge that Eul obtained the power of attorney to conclude the construction waste disposal contract from the defendant, and the plaintiff entered into a construction contract with G on November 5, 2012 with the above new construction waste disposal business establishment with the defendant's seal of KRW 350,000,000, G with respect to all of the above construction site construction work sites prior to the appointment of the defendant, and the head of G with respect to all of the above construction site after obtaining the approval of the construction site construction work.