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(영문) 부산고등법원 2017.04.26 2016나52364

회원지위확인

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1. The plaintiff's appeal and the plaintiff's additional claim in the trial are all dismissed.

2. The costs of lawsuit after the appeal are filed.

Reasons

With respect to this case, the reasoning of the court of first instance is as follows: ① Part 5 through 8 of the judgment of the court of first instance and ② Part 16 through 11 of the judgment of the court of first instance concerning the issuance of membership cards, etc. to 8 of the judgment of the court of first instance shall be stated as follows: (a) the part concerning the issuance of membership cards, etc. to 9, 16 through 11, 11, is stated as follows; and (b) other than adding the judgment under the following subparagraphs with respect to claims added in the court of first instance, it is the same as the entry of the reasons for the judgment of the court of first instance; and (c) the part concerning “(i)” from Part 9 to 8 of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act is stated as follows. In light of the status of the plaintiff or C, the plaintiff has been working as a company of Hyundai Heavy Industries, and C operates the golf course practice room. In light of such status, it seems reasonable that the plaintiff or the transfer to the account of first instance.

1) On June 30, 2012, the FF issuing membership cards, etc. takes office as the representative director of the Defendant and delivered the certificate stating “member cards” to C on the same day is as seen earlier. Ratification of the act of unauthorized representation is not required by any special method, so it may be done in an implied manner, not by an explicit method, but by an implied method. Ratification is also possible against the unauthorized Representative and the other party to the act of unauthorized Representation (see, e.g., Supreme Court Decision 80Da2314, Apr. 14, 1981). The act of unauthorized representation at issue in the instant case is an act of receiving the sales price from the Plaintiff even though F did not have the power to receive the sales price.

. As such,