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(영문) 부산지방법원 2015.11.26 2015가단7004
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff's assertion is that the defendant is a contractor of the Damote Construction, and C was awarded a subcontract for reinforced concrete construction from the defendant during the above construction.

The plaintiff entered into a labor contract with C on the above work subcontracted to C, and the contract content is a condition that the plaintiff receives KRW 160,000 per day per person invested by the plaintiff.

The labor cost of 73,744,00 won for personnel invested by the Plaintiff according to the contract with C, which was paid 27 million won among them by C.

Meanwhile, on November 3, 2014, the Defendant and C promised to pay the Plaintiff, who is the head of the tree team, with the duty of commitment (Evidence A No. 1; hereinafter “the instant duty of commitment”) and the duty of paying the personnel expenses for tree trees as the structural completion of the structural completion.

Therefore, the Defendant is jointly and severally obligated with C to pay to the Plaintiff the unpaid personnel expenses of KRW 46,744,00 and damages for delay thereof. If E (a) who prepared the instant undertaking (which used the position of “B director” under the instant undertaking) has no authority to represent the Defendant.

Even if the Defendant used the name “B director” to E, and thus, the Defendant is obligated to pay the said money in accordance with the legal principles of expression representative director or expression representative.

E, which prepares the Defendant’s assertion, is not an employee or director of the Defendant, and therefore does not have the authority to represent or act for the Defendant, and even based on the name (director) or title (technical director) used by the Defendant, there is no room for the establishment of an expressive agent or a representative director.

The defendant entered into a labor expense agreement with C and D&D construction on reinforced concrete construction, and paid all money under the contract.

However, the plaintiff is claiming against the defendant based on the letter of undertaking of this case prepared by E.

Ultimately, the issues of this case are as follows: E is the representative or representative of the defendant.

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