beta
(영문) 부산고등법원 2020.11.05 2019나55500

청구이의

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiffs' claims against the defendants are dismissed in entirety.

2...

Reasons

1. The reasoning for this part of the facts admitted by the court is the same as that of the corresponding part of the judgment of the court of first instance (from 2, 17 to 4, 7). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The fact that the Plaintiffs did not pay KRW 200,000,000 as agreed amount until October 31, 2012, which was the date of payment stipulated in the instant land non-performance note, is not in dispute between the parties. Thus, barring any special circumstance, the Plaintiffs are liable to pay to the Defendants the agreed amount under Article 1 of the instant land non-performance note and the delay damages calculated in proportion to Article 5.

3. The plaintiffs' assertion

A. The non-performance of the instant land as invalid was prepared by Defendant E and the Deceased to determine legal relations arising from the termination of the instant branch business contract with the Plaintiffs. Defendant E and the Deceased, other than G, are not parties to the instant branch business contract, not the parties to the instant branch business contract, nor were they delegated the power of termination from G.

Therefore, Defendant E and the Deceased, who was an unentitled person, concluded and prepared a written rejection of the failure of this case with the Plaintiffs, constitutes an unauthorized representation, and G did not ratification the act of the unauthorized representation, the rejection of the failure of this case is null and void.

B. There is currently no contract amount and each machine listed in the separate sheet No. 1 (hereinafter “instant dispute machinery”) that the non-existent Defendants are obligated to return to the Plaintiffs in accordance with the letter of non-performance of the obligation to deliver machinery, etc. of the Defendants, and each machine listed in the separate sheet No. 1 (hereinafter “instant dispute machinery”).

Therefore, the plaintiffs also have no obligation to pay the agreed amount on the non-performance note of this case as well as the payment obligation on the bill of this case as security.

C. At the same time, Japan's total sales right and this case's dispute.