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(영문) 청주지방법원 2017.05.18 2016나13674
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The summary of the assertion 1 is Nonparty B and August 4, 2015, on behalf of the Defendant, as the site manager of “A Electric Construction” that the Defendant received from the Armed Forces Finance Management Body, and the same year.

9. On November 2, 198, the Defendant is obligated to pay the instant construction price to the Plaintiff, as the instant construction was completed after entering into a subcontract agreement with respect to the instant construction works (hereinafter “instant construction works”).

2) Even if the above Gap did not have the authority to act for the defendant Eul as the representative of the defendant, as long as the defendant ordered the construction of this case to the plaintiff, the defendant is obligated to pay the construction cost of this case to the plaintiff in accordance with the legal principles of expression agency under Article 125 of the Civil Act. (b) Determination 1) Whether Eul has the authority to act for the defendant as representative of the defendant, each of the entries in Gap's 1 through 5, Gap's 7, 9, Eul's 1 through 4, Eul's 25 (including each number), and the testimony and arguments of Eul's witness of the first instance trial (including each number), and the whole purport of the testimony and arguments of Eul's witness of the first instance trial, as a whole, ① the defendant was found to have the authority to act for the defendant as representative of the defendant Eul's witness of the above "A Electric Construction" in the above "A", and the defendant was found to have concluded the subcontract of this case with the defendant's complaint of this case as the above construction site Eul and its construction site.

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