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(영문) 대전고등법원 2018.02.01 2017나12668

채무부존재확인

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 reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is identical to that of the judgment of the court of first instance, except for changing or adding corresponding parts as set forth in paragraph (2) below.

2. Parts to be altered or added;

(a) the change of the part in the judgment of the first instance is the change of each “registration number” of two, seven and eight lines into “registration number” in the corporate register;

B. 1) Additional part 1) A two lines from two pages below the second sentence of the judgment of the court of first instance (the subsequent order of payment) are added to Daejeon District Court 2015 tea7885.

2) Following the third and second parts of the judgment of the court of first instance, the part of 'B' is added. Under the premise that 'The Defendant was entitled to independently represent the Plaintiff at the time, or was authorized to independently represent the Plaintiff by being delegated by 'B and D', a joint representative director, under the premise that C was not individually delegated by 'B and D concerning the conclusion of the contract of this case', the part of 'B' is added to 'B' (the joint representative director)' (the legitimacy of such assertion is examined below. There is no fact from 'C' as to the conclusion of the contract of this case' in the examination of the witness of the court of first instance.

“Statement was made to the effect that it was “.”

[3] From the third and second pages of the judgment of the court of first instance, the defendant added the part of "A" as follows: The defendant actually managed the plaintiff at the time of entering into the contract of this case; Eul merely was registered as a co-representative for the purpose of selling the plaintiff; and Eul did not have any intention to participate in the plaintiff's management or to participate in the contract of this case; and since it delegated C with all of the powers necessary for the plaintiff's operation, it asserts that C alone has the authority to enter into the contract of this case (1) as stated above, 5-1, 5-1, 6-1 to 4, 13-14, 14, respectively.