logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.19 2014나30864
매매대금반환
Text

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. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the matters alleged in the trial of the court of first instance, and therefore, it refers to the reasoning for the judgment of the court of first instance under the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The plaintiff asserts that, since A received a removal construction contract from the defendant and presented it to the plaintiff and expressed that it was a contract on behalf of the defendant on behalf of the defendant, the defendant is liable to act as an expression agent for the instant construction contract.

B. It is insufficient to acknowledge that the Defendant indicated the granting of the power of representation to the Plaintiff solely with the descriptions of the evidence Nos. 1-1, 2, 3, 4 (including each number), and 5-4 or 10 of the evidence Nos. 1-2, and there is no other evidence to prove otherwise.

A merely suggesting that the Defendant received a removal construction contract from the Defendant and presented it to the Plaintiff and expressed the fact that the contract was entered into on behalf of the Defendant, it cannot be deemed that there was a justifiable reason to believe that the Plaintiff had the authority to enter into the instant construction contract on behalf of the Defendant at the time of concluding the instant construction contract.

The plaintiff's above assertion is without merit.

3. The plaintiff's claim against the defendant is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow