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(영문) 춘천지방법원강릉지원 2014.12.23 2014나1185
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings on the statements in Gap's evidence 1, 2, and 3, and witness C of the trial.

The plaintiff, as a general secretary of D clan, introduced himself as the defendant's director on September 2012, as a result of transporting and planting the 17g class trees in the line of a clan in Gangnam-si F, and agreed to pay a total of 3,400,000 won per 1g class to pay a total of 200,000 won per 1g class, and if any problem arises, such as with the death of a native tree after planting, he/she will substitute it for another native tree.

B. From September 2012, 2012 to October 2012, 2012, E planted the instant 17 local trees in the mountain of the said clan, but the remaining 16 local 16 local frankings derived from deducting 1 local flag from each of the above local flags began to run so, and was immediately dead.

C. Meanwhile, while selling the instant instant native trees to the Plaintiff, E issued a name named “B Director E”, and carried out transportation and planting work by inserting the Defendant employees, including C, along with the Defendant-owned cargo vehicles used as “B” in the aspect of transporting and planting native trees.

In addition, C, who participated as the Head of the Working Group, issued to the Plaintiff the name “B leader” as well.

On the other hand, the defendant allowed E and C to use the name cards on which the defendant's name is indicated as above, and allowed C to operate the defendant's vehicle.

2. According to the above facts of determination, at the time of entering into the instant contract for planting trees, there is a reasonable ground to believe that E had a legitimate power of attorney to conclude the landscape gardening contract on behalf of the defendant. Thus, the defendant as the principal is compensation for the death of 16 gye as to the plaintiff.

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