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(영문) 인천지방법원 2016.10.06 2016나10025
물품대금 등
Text

1. The defendant's appeal is dismissed.

2. All costs of the lawsuit shall be borne by the defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: " insofar as the defendant does not dispute the establishment or content of the evidence No. 5 (written confirmation) of the first instance court's judgment" No. 10 and No. 11 of the first instance court's judgment; and the defendant's new argument at the first instance court's trial is as stated in the reasoning of the first instance court's judgment, except for the addition of the judgment as to the new argument at the first instance court's trial, it shall be cited in accordance with the main sentence of Article

2. The portion to be determined additionally

A. The Defendant’s field manager’s seal affixed to the on-site employees without the Defendant’s representative director’s consent and written Gap evidence 5 (hereinafter “instant payment certificate”). Thus, there is no obligation to pay the Plaintiff the remainder of the freezing period.

B. The facts of recognition 1) The Defendant contracted C construction and subcontracted the freezing facility construction part to B. 2) The Defendant’s employee seal affixed the instant payment confirmation letter that “I agree to pay for the remainder after the completion of the trial operation on the ground that D still remains as the price for the goods of the waste-to-sckeing machine supplied to the site is the price for the goods of the waste-to-sckeing machine for the purpose of the C construction, which was urgently needed to complete the freezing operation before the Plaintiff pays the remainder of the freezing equipment construction.”

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

C. 1 Generally, determination 1 cannot be deemed to have the authority to perform the act such as debt guarantee or debt assumption at the cost of the construction site manager. However, the site manager of the construction site has a partial comprehensive power of attorney with respect to the matters related to the construction, and Defendant D prepared the instant payment confirmation for the smooth progress of the construction work, and the content thereof would also be that the Defendant would pay the freezing supply cost necessary for C corporation.

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